1. (a) The department shall review complete applications to determine:

   1. (1) Whether the application provides sufficient information to conclude that the proposed activity meets all applicable requirements for issuance of an approval; or
   2. (2) Whether a condition for denial, as specified in Env-Sw 305, exists.
2. (b) During review of a complete application for a standard permit, research and development permit, Type I-A or I-B permit modification, or Type II permit modification, if the department concludes that information is required from an applicant in order to determine whether an application meets the requirements of RSA 149-M and the solid waste rules, including (a) above, the department shall enter into a written agreement with the applicant for the department to retain, at the applicant's expense, an independent licensed PEG only when the department requires a PEG’s assistance in determining whether an application meets the requirements. The applicant’s failure to enter into such an agreement may be grounds to deny the application, in accordance with RSA 149-M:9, XV.

3. (c) During the review process, the department shall consider all information received from the following sources, as applicable:

   1. (1) The applicant;
   2. (2) The abutters, host municipality, host solid waste management district, and other affected entities responding to notification given by the applicant pursuant to Env-Sw 303;
   3. (3) Persons participating in a public hearing pursuant to Env-Sw 304.09, if held;
   4. (4) The NHDOJ pursuant to the provisions of Env-Sw 316; and
   5. (5) Independent licensed PEGs retained in accordance with (b) above, if any.

4. (d) If the department identifies during review of an application that additional information is required to make a determination in accordance with (a) above, it shall:

   1. (1) Notify the applicant in writing; and
   2. (2) Request the applicant submit the additional information as soon as practicable but not later than 30 days after such request.
5. (e) Except when required by (f) below, applications for a permit-by-notification pursuant to Env-Sw 311 and a type III permit modification pursuant to Env-Sw 315 shall not be independently assessed by the department as to whether the proposed activity meets all requirements of the solid waste rules and shall instead rely on the applicant’s certification attesting to the same as specified by Env-Sw 311 and Env-Sw 315.
6. (f) Application for a permit-by-notification pursuant to Env-Sw 311 and a type III permit modification pursuant to Env-Sw 315 that are accompanied by a waiver request shall be reviewed in accordance with (a) through (d) above.

Source. (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (formerly Env-Sw 304.07) (see Revision Note #2 at chapter heading for Env-Sw 300)