Section Env-Sw 306.03 - Procedure(a) Revocation, suspension or modification of a permit by the department shall proceed in accordance with RSA 541-A:30 and this part.(b) If, pursuant to investigation or inspection in accordance with Env-Sw 2000, the department determines there may be good cause for revocation, suspension or modification, as specified in Env-Sw 306.05, the permittee shall be so notified in writing by certified mail, return receipt requested, and provided an opportunity for an adjudicative hearing.(c) Written notice provided pursuant to (b) above, shall: (1) Identify: a. The facility by name, location and permit number;b. The action(s) the department proposes to take;c. The reason(s) for the proposed action(s);d. The department's authority for taking such action(s);e. The date, time and place for an adjudicative hearing; andf. The name, title, mailing address and telephone of the department official or employee who may be contacted regarding the notice;(2) State that: a. The permittee may waive the right to an adjudicative hearing by so notifying the department in writing within 5 days after the notice receipt date;b. If the permittee either waives the right to a hearing or fails to appear at the hearing, the proposed action shall become immediately effective; andc. Written notice of the department's final action shall be provided by certified mail, return receipt requested;(3) Be dated and signed by the director or a person so authorized by the director; and(4) Be sent by first class mail to the host municipality and host solid waste management district.(d) The adjudicative hearing shall proceed in accordance with the provisions of Env-C 200 applicable to adjudicative proceedings.N.H. Admin. Code § Env-Sw 306.03
(see Revision Note at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10595, Effective 7/1/2014, Expires7/1/2024.