N.H. Admin. Code § Env-A 621.06

Current through Register No. 45, November 7, 2024

Section Env-A 621.06 - Requests for Public Hearing

(a) The department shall provide an opportunity for a public hearing on all applications for new or amended temporary permits or permits to operate.

(b) Any person or group of persons who raises an issue of fact relevant to a term or condition in a draft permit may request that a public hearing be held by the department regarding the issuance of, amendment to, or denial of a temporary permit or permit to operate.

(c) A request for a public hearing on a permit application shall:

(1) Indicate the basis on which the person(s) filing the request meets the requirements of (b), above;

(2) Be in writing; and

(3) Be delivered to the department office by 4:00 p.m. on or before the date stated in the public notice required under Env-A 621.02.

(d) The department shall grant the request for a public hearing on a permit application upon finding that the person or group making the request:

(1) Is entitled under (b), above, to request a hearing; and

(2) Has met the requirements of (c), above.

(e) Upon granting a request for a public hearing, the department shall:

(1) Schedule a public hearing to be conducted in accordance with the procedures specified in Env-A 203; and

(2) Notify the applicant and the requesting party in writing of the hearing date, location, and time.

(f) The notice specified in (e)(2), above, shall be published by either the department or the applicant, at the applicant's option, at least 30 days prior to the public hearing in a newspaper of general daily circulation and in a newspaper of general circulation in the area in which the source is or is proposed to be located.

(g) The applicant shall provide to the department:

(1) Proof of each publication of the notice if the applicant publishes it; or

(2) Payment of the publication costs incurred by the department and an administrative fee of $15.00 if the applicant asks the department to publish the notice.

N.H. Admin. Code § Env-A 621.06

#1710, eff 2-19-81; ss by #2332, eff 4-29-83; ss by #2938, eff 12-27-84; ss by #5033, eff 12-27-90; ss by #5989, eff 2-22-95 (formerly Env-A 205.03); EXPIRED: 2-22-03

New. #8129, eff 7-28-04 (formerly Env-A 205.06); ss by #10175, eff 9-1-12