Section Env-Wq 804.07 - Suspension, Revocation, or Refusal to Renew(a) In this section, "approval" means a site or facility permit, sludge quality certification, or waiver, as applicable.(b) If after issuing an approval the department receives information indicating that good cause, as set forth in (g), below, exists to suspend or revoke the approval, the department shall proceed in accordance with RSA 541-A:30, II and the provisions of Env-C 200 applicable to adjudicative proceedings.(c) After proceeding as specified in (b), above, the department shall revoke the approval if the department determines that the circumstances cannot be corrected to conform to applicable requirements.(d) After proceeding as specified in (b), above, the department shall suspend the approval, subject to (e), below, if the department determines that, while good cause exists, the circumstances can be corrected to conform to applicable requirements.(e) If an approval is suspended pursuant to (d), above, the department shall not reinstate the approval until: (1) The circumstances have been corrected to conform with applicable requirements; and(2) The permit holder submits a written request to the department requesting that the approval be reinstated.(f) If after receiving a request for renewal of an approval the department receives information which indicates that good cause, as set forth in (g), below, exists to refuse to renew the approval, the department shall proceed in accordance with RSA 541-A:30, II and the provisions of Env-C 200 applicable to adjudicative proceedings and refuse to renew the approval until the circumstances have been corrected to conform with applicable requirements.(g) Good cause to suspend, revoke, or refuse to renew an approval shall include the following: (1) The person to whom the approval was issued has not complied with the conditions of the approval or these rules;(2) The plans submitted with the application on which the approval was based do not accurately portray the actual site, facility, or management activities and the approval would not have been issued if accurate plans had been submitted;(3) Any other information submitted in support of the application is not true and complete or is misleading and the approval would not have been issued if the information submitted had been true, complete, and not misleading;(4) The person to whom the approval was issued has failed to comply with an order of the department relative to sludge management, including an order to undertake corrective measures;(5) The person to whom the approval was issued has failed to comply with an order of the department relative to a violation of any other statute administered by the department;(6) The person to whom the approval was issued has failed to pay any administrative, civil, or criminal penalties owed to the department; or(7) The person to whom the approval was issued has been convicted of a misdemeanor under any statute administered by the department, or of a felony in a state or federal court.(h) The department shall notify the person to whom the approval was issued in writing of its decision. If the approval is suspended, revoked, or refused renewal, the notice shall identify the ground(s) for the decision and include information on how to appeal the decision.(i) For any decision relating to a site or facility permit or a waiver related thereto, the department shall transmit a copy of the decision to: (1) The clerk of the municipality in which the site or facility is located; and(2) The chair of the applicable LAC, if any, if the chair has submitted an email address in accordance with Env-Wq 803.03.N.H. Code Admin. R. Env-Wq 804.07
(See Revision Note at chapter heading for Env-Wq 800) #8887, eff 5-23-07
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.