1. (a) Pursuant to RSA 149-M:9, VIII, for each application determined complete and reviewed in accordance with Env-Sw 304, the department shall issue a written decision to either issue or deny the requested approval:

   1. (1) For applications not subject to a public hearing, except as identified in (3) below, within 120 days following the department’s determination that the application is complete;
   2. (2) For applications subject to a public hearing pursuant to Env-Sw 304.08, within 180 days following the department’s determination that the application is complete but not sooner than 30 days following close of the hearing record pursuant to RSA 149-M:12, III, whichever is later;
   3. (3) For permit-by-notification and Type III permit modification applications that are not accompanied by waiver application(s), within 60 days of receipt of a complete application; or
   4. (4) By an alternative date established by prior written agreement with the applicant.
2. (b) A decision for denial shall be made pursuant to the provisions of Env-Sw 305.03.

3. (c) A decision for issuance shall be made pursuant to:

   1. (1) Env-Sw 305.04;
   2. (2) Env-Sw 305.05, if for a permit;
   3. (3) Env-Sw 305.06, if for a permit modification; and
   4. (4) Env-Sw 202, if for a waiver.
4. (d) The applicant and all persons and entities to whom the applicant was required to provide a notice of filing, except abutters, pursuant to Env-Sw 303 shall be notified of the decision in writing by the department.
5. (e) Pursuant to RSA 149-M:9, XII(b), the final decision on an application for a type IV permit modification to transfer a permit shall not be made until at least 30 days after the public hearing, if held.

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 (see Revision Note #2 at chapter heading for Env-Sw 300)