New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Ws - Division of Water
Chapter Env-Ws 300 - NEW HAMPSHIRE DRINKING WATER RULES
Part Env-Ws 342 - VARIANCES ISSUED BY THE DEPARTMENT
Section Env-Ws 342.07 - Public Hearings on Variances and Schedules

Universal Citation: NH Admin Rules Env-Ws 342.07

Current through Register No. 13, March 27, 2025

(a) Before a variance and schedule proposed by the department pursuant to Env-Ws 342.05 and Env-Ws 342.06 shall take effect, the department shall provide notice and opportunity for public hearing on the variance and schedule. A notice given pursuant to this sectionshall cover as many variances as have been requested and a hearing held pursuant to such notice shall include each of the variances covered by the notice.

(b) Public notice of an opportunity for hearing on a variance and schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance and schedule, and shall include posting a public notice in the principal post office of each municipality or area served by the public water system,and:

(1) P ublishing a notice in a newspaper of general circulation in the area served by the public water system; or

(2) Delivering notices door-to-door or by first class mail to each customer in the area served by the public water system.

(1) Include a summary of the proposed variance and schedule; and

(2) Inform interested persons that they may request a public hearing on the proposed variance and schedule.

(d) Any interested person who wishes to request a public hearing shall submit the request to the department in writing within 30 days after the issuance of the public notices pursuant to (b), above.

(e) A request for public hearing shall include the following:

(1) The name, mailing address, and daytime telephone number of the individual, organization, or other entity requesting a hearing;

(2) A brief statement of the interest the person making the request has in the proposed variance and schedule; and

(3) A brief summary of the information that the requester intends to submit at the public hearing.

(f) The request shall be signed by the individual making the request, or, if the request is made on behalf of an organization or other entity, by a responsible official of the organization or other entity.

(g) The department shall give notice in the manner set forth in (b), above, of any hearing to be held pursuant to a request submitted by an interested person or on the department's own motion. Notice of the hearing also shall be sent to the persons requesting the hearing, if any.

(h) Notice of the hearing shall:

(1) I nclude a statement of the purpose of the hearing;

(2) Specify the time and location of the hearing;

(3) Specify the address and telephone number of an office at which interested persons may obtain further information concerning the hearing; and

(4) B e given not less than 15 days prior to the date scheduled for the hearing.

(i) A hearing convened pursuant to (g) above shall be conducted in accordance with the provisions of Env-C 200 pertaining to non-adjudicative hearings.

(j) The variance and schedule shall become effective 30 days after the notice of opportunity for a hearing is given pursuant to (b), above, if no timely request for a hearing is submitted and the department does not determine to hold a public hearing on its own motion.

(See Revision Note at chapter heading Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12 -1-05 ; ss by #8497, eff 11-30-05 (formerly Env-Ws 342.14 )

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