Section Env-Sw 307.11 - Provisions for Reissuing an Existing Permit(a) A permittee may request the department to reissue an existing permit for the sole purpose of rewording the terms and conditions to clarify but not modify requirements applicable to the facility under RSA 149-M, the solid waste rules and the permit.(b) A request pursuant to (a) above shall be made in writing, to include: (1) Facility identification, including name, location by street and municipality, and permit number;(2) Permittee identification, including name, mailing address and telephone number;(3) A statement requesting the department to initiate action to reissue the permit pursuant to the rules in this section;(4) Date of the request; and(5) Signature of the permittee.(c) Within 120 days of receipt of a request as specified by (b) above, the department shall review the terms and conditions of the permit to determine whether reissuance of the permit will have an administrative benefit to both the department and the permittee, based on the criteria provided by (d) below.(d) There shall be an administrative benefit to reissuing a permit if: (1) The permit was originally issued by the predecessor agency to the department, the division of public health services; or(2) The terms and conditions of the permit include references to rules, statutes or regulations either no longer in effect or amended to such an extent as to make: a. The legal meaning of the terms and conditions unclear without knowing the history of the cited rules, statutes or regulations; orb. A plain reading of the terms and conditions to be an incorrect legal meaning.(e) If there is an administrative benefit to reissuing the permit, the department shall prepare and send a preliminary draft of the rewritten permit to the permittee for review and comment within 60 days of determining that there is an administrative benefit.(f) Within 60 days of receipt of comments by the permittee on the preliminary draft, the department shall prepare and send a proposed final draft of the rewritten permit to the permittee for review and response pursuant to (g) below.(g) Following receipt of a proposed final draft of the rewritten permit, the permittee shall notify the department within 60 days as to which of the following actions shall be taken: (1) Because the permittee agrees that the proposed final draft permit meets the objective for reissuance, namely clarification, and does not constitute a modification of the permit as shall otherwise proceed in accordance with Env-Sw 306, the department shall proceed to reissue the permit in the form presented by the proposed final draft; or(2) Because the permittee disagrees that the proposed final draft permit meets the objective for reissuance, namely clarification, or believes the proposed final draft permit constitutes a modification of the permit under RSA 541-A, the permittee shall: a. Withdraw the request for reissuance; orb. Agree to proceed with reissuance in accordance with the modification procedures specified in Env-Sw 306, including the opportunity for an adjudicative hearing pursuant to RSA 541-A:30.(h) The department shall proceed in accordance with the permittee's response provided pursuant to (g) above. If the permittee does not respond within the specified time, the department shall notify the permittee that the existing permit remains in effect.N.H. Admin. Code § Env-Sw 307.11
(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.