N.H. Admin. Code § Env-Sw 1705.04

Current through Register No. 45, November 7, 2024

Section Env-Sw 1705.04 - Application Decision

(a) If the criteria for certification in Env-Sw 1703 are met, the department shall issue a certificate authorizing the distribution and use of the wood ash pursuant to (d) below.

(b) If the criteria for certification in Env-Sw 1703 are not met, the department shall deny the requested approval and shall so notify the applicant in writing.

(c) The notice of denial shall:

(1) Identify the applicant, type of application, and all documents that constitute the complete application or, if the decision for denial is made without a complete application pursuant to Env-Sw 304.04(c), all documents submitted by the applicant that form the basis of the decision;

(2) State the specific reasons for the denial;

(3) Provide the name, title, mailing address and telephone number of the department official or employee who may be contacted regarding the application and denial;

(4) Identify the applicable provisions for appeal pursuant to RSA 21-O:14; and

(5) Be signed by the director or a department employee authorized by the director.

(d) The certification to distribute and use wood ash shall:

(1) Identify the certificate holder;

(2) Identify the type of approval and authority for issuance;

(3) Identify all documents that constitute the complete application;

(4) Identify the specific source(s) of the wood ash to which the certification exclusively applies, including the name of the generator and location of the wood ash generating facility;

(5) Specify the terms and conditions under which the approved activity is authorized, including:

a.The effective date of the certification;

b.The expiration date of the certification, if any, and provisions for renewal as applicable; and

c.The requirements established in Env-Sw 1706; and

(6) Be signed by the director or a department employee authorized by the director.

(e) A certificate issued to a non-generator shall authorize the certificate holder to manage ash from generators not identified in the original application for certification, provided the certificate holder notifies the department in writing of the change and provides the information specified in Env-Sw 1705.01(a)(2)-(5).

(f) Any decision by the department to issue certification shall not affect the applicant's obligation to obtain all requisite federal, state or local permits, licenses or approvals, or to comply with all other applicable federal, state, district or local permits, ordinances, laws or approvals or conditions pertaining to the approved activity.

N.H. Admin. Code § Env-Sw 1705.04

#6619-B, eff 10-29-97 ; (See Revision Note at chapter heading for Env-Sw 1700) ss by #8459, eff 10-28-05 (formerly Env-Wm 3405.04 )

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10601, Effective 7/1/2014, Expires7/1/2024.