1. (a) A facility shall be operated so as to comply with the requirements of RSA 149-M:11, XI, relative to providing a substantial public benefit.

2. (b) The following facilities shall be deemed to provide a substantial public benefit and therefore need not make an explicit demonstration of substantial public benefit in a permit application:

   1. (1) A permit-exempt facility;
   2. (2) A permit-by-notification facility;
   3. (3) An emergency permit facility;
   4. (4) A research and development facility; and
   5. (5) A general permit facility.

3. (c) The following facilities shall be deemed to satisfy the first criteria for public benefit in RSA 149-M:11, III(a) and therefore need only address the remaining 2 criteria in RSA 149-M:11, III(b) and (c) when making a demonstration of public benefit in an application for a permit or permit modification:

   1. (1) Any limited public facility; and
   2. (2) Any limited private facility.

Source. #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1000); ss by #8459, eff 10-28-05 (formerly Env-Wm 2705.05); ss by #10598, eff 7-1-14; ss by #13864, eff 2-6-24