Section Env-Dw 303.29 - Suspension or Revocation of Approvals(a) For purposes of this section, "approval" means an issued permit or waiver, as applicable.(b) Upon finding that good cause as specified in (i), below, exists to suspend or revoke an approval, the department shall initiate an action pursuant to RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 applicable to adjudicative proceedings to suspend or revoke the approval.(c) The notice issued to initiate the action shall comply with RSA 541-A:31, III.(d) The department shall suspend the approval if the department determines, as a result of the proceeding initiated under (b), above, that: (1) The project would conform to applicable requirements if the deficiency were corrected; and(2) If the basis for the action is that the information on which the approval was issued was incorrect, incomplete, or misleading: a. The deficient information was submitted inadvertently or negligently; andb. The approval would have been issued if correct, complete, and not misleading information had been submitted originally.(e) If the department suspends the approval, the decision issued pursuant to (h), below, shall: (1) Specify a reasonable time in which the person to whom the approval was issued may correct the deficiencies which formed the basis for the suspension, established based on the type and quantity of deficiencies and the information and materials needed to correct them; and(2) Notify the person to whom the approval was issued that if the deficiencies are not corrected within the time specified, the approval will be revoked.(f) A decision to suspend an approval pending receipt of adequate and correct information shall not be considered a final decision from which an appeal may be taken.(g) The department shall revoke the approval if the department determines, as a result of the proceeding initiated under (b), above, that:(1) The project cannot be made to conform to applicable requirements; or(2) If the basis for the action is that the information on which the approval was issued was incorrect, incomplete, or misleading: a. The permit holder submitted deficient information with the intent to mislead or to avoid one or more requirements of the statute or rules; orb. The approval would not have been issued if correct, complete, and not misleading information had been submitted originally.(h) The department shall issue a written decision to the person to whom the approval was issued. If the approval is suspended or revoked, the decision shall specify the reason(s) for the decision and that the decision may be appealed as an enforcement decision in accordance with RSA 21-O:14.(i) Good cause to suspend or revoke an approval shall include the following:(1) The information on which the approval was based was incorrect, incomplete, or misleading;(2) The project is not in compliance with the terms of the approval, including the plans approved and made part of the approval; or(3) The person to whom the approval was issued is a chronic non-complier as defined in Env-C 209.01(b).N.H. Code Admin. R. Env-Dw 303.29
Adopted by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11059, Effective 4/1/2016, Expires 4/1/2026.