Section Env-Wq 1503.26 - Effect of Extension Request; Action on Request(a) A request for extension that meets all requirements of Env-Wq 1503.25 shall be timely and sufficient for purposes of RSA 541-A:30, I, such that the permit holder may continue working under the permit until:(1) If the extension is granted, the new expiration date specified in the extended permit; or(2) If the extension is denied: a. The last day for appealing the denial to the water council, if an appeal is not filed within that time;b. The last day for seeking judicial review of the water council's decision, if a request for judicial review is not filed within that time; orc. If a request for judicial review is filed, the date on which decision of the reviewing court becomes final.(b) If a request for extension is not filed or does not meet all requirements of Env-Wq 1503.25, no work shall be done on the project after the expiration of the permit. In such cases, any person who wishes to continue the project shall submit an application for a new permit that meets current requirements.(c) After reviewing an extension request submitted in accordance with Env-Wq 1503.25, the department shall extend the permit for a reasonable amount of time, but in no case more than 5 years, based on considerations of the amount of work left to be done on the project and weather or other seasonal factors, if the department determines that: (1) The requested extension will not violate any statute or rule;(2) Surface water quality and groundwater quality will continue to be protected as under the original permit;(3) The project is proceeding in accordance with the permit, including all plans approved and made part of the permit;(4) None of the grounds for suspending or revoking the permit as provided in Env-Wq 1503.29 or for refusing to renew a license as specified in Env-C 209.02 apply to the permit holder;(5) If applicable, an inspection report has been completed and submitted as required by Env-Wq 1503.27(g)(3); and(6) The permit has not previously been extended.(d) The decision to extend or to not extend a permit pursuant to this section may be appealed, but no provision of the original permit shall be subject to appeal.N.H. Code Admin. R. Env-Wq 1503.26
(See Revision Note #1 at chapter heading for Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq 1503.23)
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12342, Effective 8/15/2017, Expires 8/15/2027.