Section Env-Wq 403.33 - Permit Modifications(a) The procedures specified in (c) through (h), below, shall apply to any of the following potential permit modifications: (1) An increase in production monitoring;(2) An increase in monitoring and reporting of ground water or surface water levels;(3) A reduction in permitted withdrawal volumes;(4) The implementation of an impact mitigation program;(5) A change in the name or ownership of the permittee; or(6) Any other change that has no potential to create adverse impacts.(b) The permit modification procedures specified in (c) through (h), below, shall not apply to any requested permanent increase in the withdrawal rate or volume. A permittee seeking a permanent increase in the withdrawal rate or volume shall apply for a new large groundwater withdrawal permit pursuant to Env-Wq 403.05.(c) A permittee seeking a modification as specified in (a), above, to a large groundwater withdrawal permit shall submit a written request to the department to modify the permit.(d) The request submitted pursuant to (c), above, shall explain in detail the following: (1) The specific modification requested;(2) The reason(s) for the requested modification; and(3) How the permit as modified complies with the criteria for issuance of a permit specified in Env-Wq 403.21.(e) The department shall modify a permit in response to a request from the permittee only if it determines that the modified permit complies with the criteria for issuance of a permit specified in Env-Wq 403.21.(f) A permit modification request that proposes a change in purpose or use of the withdrawal shall require the submittal of an application for a new permit in accordance with Env-Wq 403.05.(g) If the department determines that a permit modification is needed to eliminate or prevent adverse impacts, the department shall initiate a proceeding in accordance with RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 relative to adjudicative proceedings.(h) The written notice provided to the permittee pursuant to RSA 541-A:31 shall: (1) Identify the facility by name, location, and permit number;(2) Explain the modification(s) the department proposes to take and the reasons for the proposed modification(s);(3) Identify the department's authority for taking such action; and(4) Identify, by name, title, mailing address, and telephone number, the department representative who may be contacted regarding the notice.(i) As specified in RSA 485-C:21, V-d, the grounds for permit modification shall include that changes are needed to accommodate drought conditions or new withdrawals.N.H. Code Admin. R. Env-Wq 403.33
(See Revision Note at part heading for Env-Wq 403) #9569, eff 10-17-09
Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12493, Effective 3/21/2018, Expires 3/21/2028.