{"data":{"id":"us-nh/rsa-149-m-72","jurisdiction":"us-nh","citation":"RSA 149-M:72","heading":"Application for Certificate.","body":"I. All applications for a certificate for a major solid waste disposal facility shall be filed with the administrator or the chair of the committee.\nII. Upon filing of an application, the chairperson or designated presiding officer shall expeditiously conduct a preliminary review to ascertain if the application contains sufficient information to carry out the purposes of this chapter. If the application does not contain such sufficient information, the chairperson or designated presiding officer shall, in writing, expeditiously notify the applicant of that fact and specify what information the applicant must supply.\nIII. To carry out the committee's duties in RSA 149-M:70, each application shall:\n(a) Describe in reasonable detail the types and quantities of waste and their characteristics proposed to be accepted and size of each major part of the proposed facility.\n(b) Describe in reasonable detail the source of waste to be accepted and if there is a preference for waste originating within the state of New Hampshire.\n(c) Describe how the proposed facility satisfies the criteria listed under RSA 149-M:11, III.\n(d) Identify both the applicant's preferred choice and other alternatives it considers available for the site and configuration of each major part of the proposed facility and the reasons for the applicant's preferred choice.\n(e) Describe in reasonable detail the impact of each major part of the proposed facility on existing local, regional, and state land uses.\n(f) Document that written notification of the proposed project, including appropriate copies of the application, has been given to the appropriate governing body of each affected municipality, as defined in RSA 149-M:66, III. The application shall include a list of the affected municipalities.\n(g) Provide analysis on the local, regional, and statewide visual impact of the proposed facility during construction, operation, and post-closure and the visual impacts as evaluated through a visual impact assessment prepared in accordance with professional standards by an expert in the field.\n(h) Provide information in reasonable detail about the impacts on local, regional and state property values, human health, tourism, outdoor recreation, wildlife, traffic, noise, and odor by the proposed facility. These analyses shall be conducted in accordance with professional standards by an expert in these fields.\n(i) Provide a reasonable amount of information relative to how new contaminants of concern not regulated by a permit issued by the department will be monitored, evaluated, and managed over the proposed life of the facility.\n(j) Provide a reasonable amount of information relative to the potential economic harms of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure deterioration.\n(k) Provide a reasonable amount of information relative to the potential economic benefits of the proposed project on the local area, affected municipalities, the region, the state, and potential infrastructure improvements.\n(l) Provide such additional information as the committee may require or request to carry out the purpose of this chapter.\nIV. To the extent any information provided in the application was submitted and considered by a state agency as part of its permitting evaluation and decision under RSA 149-M:71, III, the applicant shall specify what information was so considered and the statutory and regulatory authority for that agency's consideration of the information.\nV. For all information submitted with the application that was prepared by an outside consultant or expert, the applicant shall submit the qualifications of such consultants or experts to prepare such information.\nVI. The committee shall require the applicant to hire an independent third party at the expense of the applicant and agreed upon by the committee in consultation with the municipality where the facility is proposed to be located, to peer review any assessments provided under this section.\nVII. The chairperson or designated presiding officer shall decide whether to accept the application as administratively complete within 60 days of filing. If the chairperson or designated presiding officer rejects an application because it determines it to be administratively incomplete, the applicant may choose to file a new and more complete application or cure the defects in the rejected application within 30 days of receipt of notification of rejection. Such deadlines may be extended by agreement of the applicant and the committee.\nVIII. Public information sessions shall be held in accordance with RSA 149-M:76.\nIX. Within 180 days of the acceptance of an application, the committee shall issue or deny a certificate for the proposed major solid waste disposal facility.\nX. The applicant shall immediately inform the committee of any substantive modification to its application.\nXI. The committee may request that state agencies with relevant technical expertise participate in committee proceedings.\nXII. The department shall conduct a review of the application information submitted pursuant to RSA 149-M:72, III(c) to determine whether the facility has demonstrated that it satisfies the criteria in RSA 149-M:11, III. Such review shall be conducted in accordance with RSA 149-M:11. The department shall report its findings to the committee in order to inform the committee's decision on the application.\nXIII. The committee may deny a certificate based upon the department's findings in relation to RSA 149-M:11, III.\nXIV. The committee may deny a certificate based upon the criteria in RSA 149-M:9, IX.\nXV. A state agency may intervene as a party in any committee proceeding in the same manner as other persons under RSA 541-A.","path":["Title X: PUBLIC HEALTH","Chapter 149-M: SOLID WASTE MANAGEMENT","Solid Waste Site Evaluation Committee"],"source_url":"https://gc.nh.gov/rsa/html/X/149-M/149-M-72.htm","current_through":"2026 regular legislative session. Last updated: September 2026","vintage":"","retrieved_at":"2026-10-11T03:34:30Z","sha256":"49846267c672d7f1180e333a40377ea2387ec07050e68a7c38be54cbe45c3e42","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-149-m-71","next":"us-nh/rsa-149-m-73"},"notice":"GroundRules: Original legal text. Not legal advice."}
