N.H. Code Admin. R. Env-Wq 1906.04

Current through Register No. 25, June 20, 2024

Section Env-Wq 1906.04 - Time Extension for Implementation Schedules

(a) An affected water user or affected dam owner may request one 5-year extension to an implementation schedule on the basis of unsustainable economic consequences or other circumstances that prevent compliance with the implementation schedule.

(b) An extension request under this section shall be submitted in writing to the department and include:

(1) Identification of the facility, and the name and contact information for the authorized person requesting the extension;

(2) Dates of annual progress reports previously submitted to the department;

(3) A description of progress made since the previous annual progress report and a description of the plans for the remainder of the original implementation period;

(4) Documentation of the economic consequences or other circumstances that prevent compliance with the implementation schedule;

(5) A plan for completing the implementation schedule within the extension period; and

(6) The signature of the authorized representative of the facility submitting the request.

(c) The department shall grant an extension if:

(1) The request demonstrates that due to economic consequences or other circumstances the affected water user or affected dam owner is unable to comply with the implementation schedule;

(2) The affected water user's or affected dam owner's annual progress reports demonstrate a good faith effort to comply with the implementation schedule; and

(3) The affected water user or affected dam owner has provided a plan which the department determines is likely to result in compliance with the water management plan within the 5-year extension period.

(d) The department's decision to grant or deny an extension request shall:

(1) Be in writing;

(2) State the reasons for the decision and whether the decision is to grant or deny the request.

N.H. Code Admin. R. Env-Wq 1906.04

#7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1906.04 ); ss by #9936, eff 5-28-11

Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12695, Effective 12/22/2018, Expires 12/22/2028.