Section Env-Hw 304.27 - Termination of Permits(a) If the department receives information that indicates good cause, as defined in (b), below, exists to terminate a permit or refuse to renew a permit the department shall proceed in accordance with (d) through (k), below.(b) The following shall constitute good cause for permit termination or permit nonrenewal: (1) Noncompliance by the permittee with any condition of the permit;(2) The permittee's failure in the permit renewal application or during the permit renewal process to disclose fully all relevant facts, or the permittee's misrepresentation by act or omission of any relevant facts at any time;(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination, suspension, or nonrenewal;(4) Noncompliance by the permittee with any applicable standard, requirement, or provision set forth in the hazardous waste rules or RSA 147-A; or(5) Noncompliance by the permittee with any administrative order, compliance schedule, judicial decree, or consent agreement issued pursuant to the hazardous waste rules or RSA 147-A.(c) Any person may request the termination or nonrenewal of a permit. All requests shall be in writing and shall contain facts or reasons supporting the request.(d) If the department decides to terminate or refuse to renew a permit, the department shall issue a notice of intent to terminate to the permittee.(e) The notice of intent to terminate shall:(1) Contain the reasons supporting the department's decision to terminate or refuse renewal;(2) Be based upon the administrative record; and(3) Include a fact sheet prepared in accordance with Env-Hw 304.19.(f) The department shall give public notice of the notice of intent to terminate in accordance with Env-Hw 304.21.(g) At the end of the public comment period specified in Env-Hw 304.21(b), the permittee may request an adjudicative hearing in accordance with the applicable provisions of RSA 541-A and Env-C 200.(h) If a permittee wishes to request an adjudicative hearing, the permittee shall: (1) Submit a written request for a hearing to the department no later than 30 days after the department issues its notice of intent to terminate; and(2) Include in the request, a short and plain statement of the permittee's objections or concerns with regard to the department's proposed action, a summary of the permittee's compliance history and current compliance status, and any other relevant information.(i) The department shall order the immediate suspension of a permit in whole or in part, if the department finds that public health, safety or welfare requires emergency action.(j) An order of suspension shall act as a temporary termination or modification of the permit, as specified in the department's order and shall be immediately effective.(k) The order shall be vacated if the department does not begin an adjudicative proceeding in accordance with the applicable provisions of RSA 541-A and Env-C 200 within 10 business days of the issuance of the suspension order.N.H. Code Admin. R. Env-Hw 304.27
(See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12345, Effective 8/14/2017, Expires 8/14/2027.