Section Env-Wq 1603.08 - Decision on Application(a) Subject to (c) and (d), below, within 90 days of receipt of a complete application or, if a hearing is conducted pursuant to Env-Wq 1603.07, within 90 days of the hearing, the department shall approve or deny the application based on the criteria specified in:(1) Env-Wq 1603.12, for a permit modification;(2) Env-Wq 1605.06, for a hauler permit;(3) Env-Wq 1606.05, for a permit-by-notification for holding tanks;(4) Env-Wq 1606.11, for a transfer/storage permit;(5) Env-Wq 1608.06, for a site permit;(6) Env-Wq 1609.06, for a facility permit;(7) Env-Wq 1611.07 for a I/A permit; or(8) Env-Wq 1613.03, for a EQ certification.(b) The department shall send written notice of its decision to the applicant and to the governing body of the municipality(ies) to which the notice was sent pursuant to Env-Wq 1604.01(b)(1).(c) Time spent waiting for the applicant to provide any requested information shall not be included when calculating the 90-day period in (a) above.(d) If the information submitted with the 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 department shall request the person proposing to undertake the activity to provide such additional information as the department determines is necessary to make the determination.(e) If any information requested pursuant to (d), above, is not submitted within 60 days of the department's request, the application shall be denied.(f) If conditions or limitations are necessary to protect the environment or the health or safety of the public or of site or facility operators, the department shall include such conditions or limitations in the approval that is issued.(g) If the application is denied, the department shall provide written notification to the applicant and, in the case of a permit modification or renewal, or a site, facility, transfer/storage permit, or holding tank permit-by-notification application, the municipality identified in Env-Wq 1604.01(b)(1), which: (1) Notes the appropriate sections of the rules and states the specific reasons for the denial; and(2) Informs the applicant that the decision may be appealed to the water council in accordance with RSA 21-O:7.N.H. Admin. Code § Env-Wq 1603.08
#8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13