N.H. Code Admin. R. Env-Wq 402.27

Current through Register No. 25, June 20, 2024

Section Env-Wq 402.27 - Permit Modification and Termination

(a) Any permittee who wishes to modify or terminate a groundwater discharge permit shall request a permit modification or permit termination by submitting a written request to the department that includes the following information:

(1) The groundwater discharge permit number to which the request relates;

(2) The name, daytime telephone number, and email address of a contact person for the permittee regarding the request;

(3) Whether the request is to modify the permit or terminate the permit;

(4) The reasons for the requested modification or termination; and

(5) A table summarizing all monitoring results to date from existing monitoring points.

(b) The permittee shall sign the request. Such signature shall constitute the certifications specified in Env-Wq 402.18(b).

(c) After reviewing the request, the department shall:

(1) Modify the permit if the applicant demonstrates that the requested modification is necessary or desirable to the facility remaining in, or returning to, compliance with these rules and the permit conditions; or

(2) Terminate the permit if the applicant demonstrates that the facility is no longer operating and continued monitoring is not necessary to ensure compliance with these rules.

(d) The department shall notify the permittee in writing of its decision on the request to modify or terminate the permit within 90 days of receipt of the request. If the department denies the request, the notice shall specify the reason(s) for the denial.

(e) The department shall modify a permit without request by the permittee, in accordance with RSA 541-A:30, as follows:

(1) After providing written notice that:

a. Identifies the facility by name, department site number, location, and permit number;

b. Explains the action(s) the department proposes to take and the reasons for the proposed action(s);

c. Identifies the department's authority for taking such an action;

d. Explains the opportunity for an adjudicative hearing and related deadlines;

e. Lists the name, title, mailing address, and telephone number of the department representative who can be contacted regarding the notice; and

f. Is dated and signed by the director or a person so authorized by the director; and

(2) If the department determines that:

a. Issuance of the permit was based on false or misleading information;

b. Modification of the permit is necessary to ensure protection of human health or the environment; or

c. Modification of the permit is necessary to ensure compliance with Env-Wq 402.

(f) An adjudicative hearing on a permit modification initiated by the department pursuant to (d), above, shall:

(1) Be requested by the permittee to the department in writing within 30 days of receipt of the notice from the department; and

(2) Be held in accordance with the provisions of Env-C 200 applicable to adjudicative proceedings.

N.H. Code Admin. R. Env-Wq 402.27

(See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07

Amended by Volume XXXVI Number 10, Filed March 10, 2016, Proposed by #11036, Effective 3/1/2016, Expires 3/1/2026.