149-M:76 Public Hearing; Studies. –
I. Notice of any project for which an application for a certificate has been submitted shall be issued pursuant to RSA 36:56, III.
II. At least 30 days prior to filing an application for a certificate, an applicant shall hold at least one public information session in the affected municipality where the proposed facility is to be located. This session may be held concurrently with a public session held as a requirement of any other state permit or approval.
III. The committee may order the applicant to provide such additional public information sessions in affected municipalities as are reasonable to inform the public of the proposed project.
IV. Within 90 days after acceptance of an application for a certificate, the committee shall hold at least one public information session in each municipality where the proposed facility is proposed to be located.
V. Subsequent public hearings shall be in the nature of adjudicative proceedings under RSA 541-A and shall be held in the municipality in which the proposed facility is to be located or in Concord, New Hampshire, as determined by the committee. The committee shall give adequate public notice of the time and place of each subsequent hearing.
VI. The committee shall adopt rules regarding the timing and method of notices for public information sessions and public hearings, and any other requirements regarding such sessions and hearings.
VII. The committee shall consider and weigh all evidence presented at public hearings and shall consider and weigh written information and reports submitted to it by members of the public prior to the closing of the record of the proceeding. The committee shall provide an opportunity at one or more public hearings for comments from the governing body of each affected municipality and residents of each affected municipality. The committee shall consider, as appropriate, prior committee findings and rulings on the same or similar subject matters, but shall not be bound thereby.
VIII. The solid waste evaluation committee shall require from the applicant whatever information it deems necessary to assist in the conduct of the hearings, and any investigation or studies it may undertake, and in the determination of the terms and conditions of any certificate under consideration.
IX. The committee and counsel for the public shall conduct such reasonable studies and investigations as they deem necessary or appropriate to carry out the purposes of this chapter and may employ a consultant or consultants, legal counsel, and other staff in furtherance of the duties imposed by this chapter, the cost of which shall be borne by the applicant or certificate holder in such amount as may be approved by the committee. The committee and counsel for the public are further authorized to assess the applicant or certificate holder for all travel and related expenses associated with the processing of an application or other proceedings under this chapter.
X. Times for conducting public hearings and rendering a decision on the application may be extended for good cause upon written request of the applicant.