1. (a) Subject to (c) and (d), below, within 60 days of receipt of a complete application or, if a hearing is conducted pursuant to Env-Wq 1603.07, within 60 days of the hearing, the department shall approve or deny the application based on the criteria specified in:

   1. (1) Env-Wq 1603.12, for a permit modification;
   2. (2) Env-Wq 1605.06, for a hauler permit;
   3. (3) Env-Wq 1606.04, for a septage holding tanks permit;
   4. (4) Env-Wq 1608.06, for a site permit;
   5. (5) Env-Wq 1609.06, for a facility permit; or
   6. (6) Env-Wq 1610.03, for a EQ certification.
2. (b) The department shall send written notice of its decision to the applicant and to the governing body of the municipality(ies) to which the notice was sent pursuant to Env-Wq 1604.01(b)(1).
3. (c) Time spent waiting for the applicant to provide any requested information shall not be included when calculating the 60-day period in (a) above.
4. (d) If the information submitted with the complete application is insufficient for the department to make a determination that the proposed activity will comply with the applicable requirements of RSA 485-A and these rules, the department shall request that the applicant provide such additional information as the department determines is necessary to make the determination.
5. (e) If any information requested pursuant to (d), above, is not submitted within 60 days of the department’s request, the application shall be denied.
6. (f) If conditions or limitations are necessary to protect the environment or the health or safety of the public or of site or facility operators, the department shall include such conditions or limitations in the approval or permit that is issued.

7. (g) If the application is denied, the department shall provide written notification to the applicant and, in the case of a permit modification or renewal, or a site, facility, or septage holding tank permit, the municipality identified in Env-Wq 1604.01(b)(1), which:

   1. (1) Notes the appropriate sections of the rules and states the specific reasons for the denial; and
   2. (2) Informs the applicant that the decision may be appealed to the water council in accordance with RSA 21-O:7.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24