(a) Upon receipt of a request for reclassification of groundwater to GAA or GA1, for a boundary change, or for reclassification to GA2, the department shall determine whether all of the requisite information for the application has been received, as specified in:
- (1) Env-Dw 901.06 and Env-Dw 901.07 for reclassification of groundwater to GAA or GA1;
- (2) Env-Dw 901.09 for reclassification to GA2; or
- (3) Env-Dw 901.10 for a boundary change.
(b) If the department determines that the request is complete, the department shall:
- (1) Acknowledge receipt of the request in writing to the local entity or other person making the request and each municipality in which the groundwater is located; and
- (2) Schedule and issue notice of a public hearing on the request in accordance with RSA 485-C:9, VI.
- (c) If the department determines that the request is not complete, the department shall notify the local entity or other person filing the request in writing of the information that is needed to complete the request within 30 days of receipt.
- (d) If the department recommends reclassification of a GAA or GA1 pursuant to RSA 485-C:9, V(a), the local entity that had requested such classification shall provide the department with an electronic list of all current landowners’ mailing addresses.
- (e) The department shall conduct the public hearing held pursuant to (b)(2) above in accordance with the provisions of Env-C 200 that apply to non-adjudicative hearings.
- (f) Following the public hearing, the department shall notify in writing the local entity or other person requesting the reclassification or boundary change and each municipality in which the groundwater is located of the department’s decision on the request. If the request is denied, the written decision shall specify the reason(s) for the denial.
Source. (See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.10); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35