Section Env-Or 407.04 - Decision on Application(a) After initiating the technical review of a complete application, if the department has questions about any information submitted as part of the application the department shall contact the individual identified by the owner in the application as the contact person using the procedures listed in Env-Or 407.03(c)-(f) and suspend processing of the application until such questions are answered. No portion of the time between the date a notice is provided and the date the applicant responds shall be included in computing the time limit specified in RSA 146-C:7, I, relative to automatic approval.(b) As specified in RSA 146-C:7, I, within 90 days of receipt of a complete application, the department shall send the owner written notice of approval or disapproval.(c) The department shall approve plans that demonstrate compliance with this chapter.(d) The department shall include such terms and conditions in the approval as are necessary to ensure compliance with applicable requirements.(e) As specified in RSA 146-C:7, II, an owner shall not cause or allow any construction or other activity that is not in accordance with the approved plans and all terms and conditions of the department's approval.(f) An approval granted for construction or installation of a corrosion prevention system, or a new or replacement UST system, or a substantial modification of a UST system shall be valid for one year from the date of issuance.(g) If construction pursuant to the approval has not commenced within one year, the approval shall be void.(h) If construction pursuant to the approval has commenced but is not completed within one year, the owner shall notify the department and request an extension to the approval. The department shall grant a one-year extension if: (1) Any tank(s) and underground piping already installed have been installed in accordance with the approved plan; and(2) For any tank(s) and underground piping not yet installed, the approved plans conform to all then-current applicable requirements.(i) If the owner does not qualify for an extension under (g), above, but still wishes to pursue the project, the owner shall reapply for approval as specified in Env-Or 407.01 through Env-Or 407.04.N.H. Admin. Code § Env-Or 407.04
(See Revision Note at chapter heading for Env-Or 400) #10393, eff 9-1-13
Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12643, Effective 10/10/2018, Expires 10/10/2028.