Section Env-Wq 1115.08 - Suspension or Revocation of Approval(a) If the department receives information that supports a determination that the municipality is not implementing an approved program in accordance with the approval, the department shall initiate an adjudicative proceeding under RSA 541-A:31 and Env-C 200 to provide an opportunity to the municipality to show cause why the approval should not be revoked.(b) The notice issued to initiate the action shall inform the municipality: (1) That the department is proposing to suspend or revoke the approval;(2) Of the grounds on which the department's proposed action is based; and(3) Of the deadline for requesting a hearing at which the municipality may show cause why the approval should not be suspended or revoked.(c) If as a result of the proceeding initiated under (a), above, the department determines that the municipality is not implementing the approved program in accordance with the approval but that the municipality can change how it is implementing the program to comply with the approval, the department shall suspend the approval until the municipality provides proof that it has corrected the deficiencies.(d) If the department suspends the approval, the decision issued pursuant to (g), below, shall: (1) Specify a reasonable time in which the municipality can correct the deficiencies that formed the basis for the suspension; and(2) Notify the owner that if the deficiencies are not corrected within the time specified, the approval shall be revoked.(e) A decision to suspend an approval pending correction of deficiencies shall not be considered a final decision from which an appeal may be taken.(f) If as a result of the proceeding initiated under (a), above, the department determines that the municipality is not implementing the approved program in accordance with the approval and that the municipality cannot or will not change how it is implementing the program to comply with the approval, the department shall revoke the approval.(g) The department shall issue a written decision to the municipality. If the approval is suspended or revoked, the decision shall specify the reason(s) for the decision.(h) A municipality whose approval has been suspended pursuant to this section shall not conduct any sampling and analysis or other inspections until the approval has been reinstated.(i) A municipality whose approval has been revoked that wishes to resume an equivalent program shall apply as specified in Env-Wq 1115.02, provided that in addition to the required information, the municipality shall provided a clear and concise written explanation as to what has been done to correct the situation or circumstances that previously prevented it from implementing the program as approved.N.H. Code Admin. R. Env-Wq 1115.08
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)