1. (a) The written decision for denial shall:

   1. (1) Identify the applicant, type of application, and all documents that constitute the complete application or, if the decision for denial is made without a complete application pursuant to Env-Sw 304.05(c), all documents submitted by the applicant that form the basis of the decision;
   2. (2) State the specific reason(s) for the denial based on (b) below;
   3. (3) Identify the applicable provisions for appeal pursuant to RSA 21-O:9, V;
   4. (4) Provide the name, title, mailing address, telephone number, and email address of the department official or employee who can be contacted regarding the decision; and
   5. (5) Be signed by the director or a person so authorized by the director.

2. (b) A requested approval shall be denied if one or more of the following conditions applies:

   1. (1) The proposed activity does not meet the applicable requirements of RSA 149-M and the solid waste rules;
   2. (2) The application provides insufficient or ambiguous information that precludes a determination that the proposed approval will comply with RSA 149-M and the applicable requirements of the solid waste rules, and the deficiencies are so substantial as to not be remedied by subjecting the approval to compensating terms and conditions;
   3. (3) The department determines that the applicant meets the criteria for denial pursuant to RSA 149-M:9, IX;

   4. (4) The applicant has not:

      1. a. Demonstrated its legal right to occupy the subject property;
      2. b. Requested the permit under their legal name; or
      3. c. Registered with the New Hampshire secretary of state to do business in New Hampshire;
   5. (5) As required by RSA 483:12-a, the department is notified by the rivers coordinator that a proposed activity violates a protection measure under RSA 483:9, RSA 483:9-a, RSA 483:9-aa, or RSA 483:9-b;
   6. (6) The application becomes a dormant application;
   7. (7) The application is for a permit-by-notification and the applicant is unable to provide compliance certification pursuant to Env-Sw 303.14 or documentation pursuant to Env-Sw 311.06;

   8. (8) The applicant fails to complete the following actions and the department has insufficient or ambiguous information pursuant to (b)(2) above:

      1. a. Enter into a written agreement for the services of a licensed PEG when requested to do so in accordance with RSA 149-M:9, XV; and
      2. b. Provide the information requested in accordance with Env-Sw 304.08(d);

   9. (9) The application is for a permit modification and:

      1. a. The applicant is unable to certify compliance pursuant to Env-Sw 303.14, unless the applicant:

         1. 1. Demonstrates in the compliance report that the circumstance(s) for non-compliance are not cause for the department to deny the requested approval pursuant to the provisions of RSA 149-M:9, IX or X; and
         2. 2. Agrees to comply with a plan and schedule for achieving compliance;
      2. b. The modification constitutes a change in the facility’s functional classification as described in Env-Sw 302, which otherwise requires a new facility permit; or
      3. c. The modification constitutes an expansion of facility operations under the provisions of a temporary permit;

   10. (10) The application is for a type V permit modification to destroy records, and the department determines that:

       1. a. There is benefit to requiring the records to be retained, for instance by assisting in development of a closure or post-closure monitoring plan or otherwise to assist future studies to determine compliance with state or federal regulations; or
       2. b. The facility is the subject of any pending investigation or enforcement action; or
   11. (11) The application meets any other provision for denial as specified in the solid waste rules for the particular type of application reviewed.

Source. (See Revision Note #3 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; amd by #12404, eff 10-21-17; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)