Section Env-Wq 1114.03 - Closing Procedure(a) If as a result of an on-site inspection the department determines that one or more of the violations noted in Env-Wq 1114.02 are present and that the deficiencies threaten the health or safety of patrons of the facility, the department shall: (1) Issue an emergency closure notice to the PBF owner or the owner's on-site representative; and(2) Make all reasonable attempts to notify the local health officer immediately and provide a copy of the notice as soon as practicable.(b) The notice issued shall state with specificity: (1) The identity of each pool and spa to be closed;(2) The violation(s) that form the basis of the closure notice for each pool and spa;(3) The action(s) the department requires the PBF owner to take to correct all identified violations; and(4) How to reopen the PBF once all deficiencies have been corrected.(c) As required by RSA 485-A:27, II(c), upon receipt of an emergency closure notice, the PBF owner shall: (1) Immediately close each identified pool and spa; and(2) Not reopen the pool until each deficiency cited in the emergency closure notice has been corrected and the department has confirmed the corrections.(d) As provided in RSA 485-A:27, II(d): (1) If an owner believes an emergency closure notice has been issued in error, the owner shall notify the department in writing, which may be sent by email, fax, United States Postal Service delivery, or private delivery;(2) The written notice shall identify each reason why the owner or operator believes the emergency closure notice is not appropriate; and(3) The department shall provide the owner or operator with an opportunity for an adjudicative hearing within 10 days of receiving the written notice.(e) If a hearing pursuant to (d), above, is held and the PBF owner is aggrieved by the decision of the department after the hearing, the owner may appeal the decision as an enforcement decision to the water council as provided in RSA 21-O:14.N.H. Code Admin. R. Env-Wq 1114.03
Derived from Volume XLI Number 19, Filed May 13, 2021, Proposed by #13198, Effective 5/1/2021, Expires 5/1/2031 (see Revision Note #3 at chapter heading for Env-Wq 1100)