Section Env-Wq 403.35 - Suspension or Revocation of Large Groundwater Withdrawal Permits(a) The department shall initiate an adjudicative proceeding to suspend or revoke a large groundwater withdrawal permit when:(1) The withdrawal is resulting in adverse impacts which cannot or will not be mitigated;(2) The department receives information indicating that the information upon which the permit was based was not true and complete or was misleading; or(3) The permittee does not comply with the conditions of the permit issued pursuant to Env-Wq 403.22.(b) Subject to (d), below, to commence a proceeding the department shall proceed in accordance with RSA 541-A:31 and the provisions of Env-C 200 applicable to adjudicative proceedings.(c) As a result of a proceeding initiated pursuant to (b), above, the department shall suspend the permit if it is verified that that one or more of the criteria listed in (a), above, has been met, and:(1) The permittee was not acting in bad faith; and(2) The reason(s) for the criteria being met can be corrected so that no criteria are met.(d) If the department determines that public health, safety or welfare requires emergency action, the department shall proceed in accordance with RSA 541-A:30, III.(e) As a result of the proceeding initiated pursuant to (d), above, the department shall continue the suspension of the permit if it is verified that one or more of the criteria listed in (a), above, has been met, and:(1) The permittee was not acting in bad faith; and(2) The reason(s) for the criteria being met can be corrected so that no criteria are met.(f) The department shall reinstate a suspended permit after it determines, based on information received from the permittee, that the criteria listed in (a), above, are no longer present.(g) As a result of the proceeding initiated pursuant to (b) or (d), above, the department shall revoke the permit if it is verified that one or more of the criteria listed in (a), above, has been met and:(1) The permittee was acting in bad faith; or(2) The reason(s) for the criteria being met cannot be corrected.(h) For purposes of (c)(1), (e)(1), and (g)(1), above, the permittee shall be found to have acted in bad faith, if:(1) For (a)(1), above, the permittee knows or has reason to know that the withdrawal is resulting in adverse impacts and fails or refuses to mitigate the impacts;(2) For (a)(2), above, the permittee knew or should have known that the information upon which the permit was based was not true and complete or was misleading; or(3) For (a)(3), above, the permittee knew or should have known that the activities being conducted did not comply with one or more conditions of the permit.N.H. Code Admin. R. Env-Wq 403.35
(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.