Section Env-Wq 804.10 - Modification or Renewal of Site and Facility Permits(a) The department shall modify the conditions of a permit without request by the permit holder in order to achieve compliance with these rules.(b) In the event of any such modification the department shall: (1) Provide written notice to the permit holder stating the proposed modifications and the reason(s) for the modification(s);(2) Provide the permit holder 30 days from the date of the written notice to comment in writing on the proposed permit modification(s);(3) After considering the permit holder's written comments, if any, issue a revised permit with a timetable for bringing the permit holder's activities into compliance with the revised conditions of the permit; and(4) Notify the permit holder that the permit holder may request an adjudicative hearing in accordance with Env-C 200 if aggrieved by the department's decision.(c) The permit holder shall apply to the department as specified in (d), below, to renew a site or facility permit, to modify a site or facility permit, or to modify any permitted management activity prior to implementing any changes.(d) The permit holder shall provide the following information to the department:(1) The site or facility permit number;(2) The name, address, and telephone number of the permit holder, property owner, and generator;(3) A detailed description of all proposed modifications;(4) As applicable, revised site, facility, management, and closure plans on which the proposed changes are highlighted;(5) If applicable, revised facility plans and specifications for construction and closure stamped by a New Hampshire registered professional engineer;(6) An explanation of why each proposed change is being requested;(7) The effect of the modification on the current site or facility design capacity as established by Env-Wq 806.07(e) or Env-Wq 807.07(d), respectively;(8) Identification and status of all other federal or state permits or approvals necessary to effect the proposed modification(s);(9) The permit holder's proposed schedule for implementing such changes;(10) A list and status of any outstanding violations, accompanied by a statement from the permit holder indicating how full compliance shall be attained prior to approval of the modification;(11) A list of any current abutters to whom the notice was not provided at the time of the original application; and(12) If the permit holder is not the property owner, a written statement signed by the property owner giving permission for the modification.(e) Subject to (g), below, the department shall approve the modification if it determines that: (1) All applicable requirements of these rules have been met;(2) If the applicant is other than the owner, the owner has given permission to the applicant for the modification;(3) The applicant has applied for all other state permits that are necessary for the proposed modification;(4) Management of the sludge at the site or facility in accordance with the proposed modification will not violate any statutes or rules administered by the department; and(5) The permit holder has paid all fees and administrative, civil, or criminal penalties owed to the department.(f) Subject to (g), below, the department shall approve or deny an application to modify a permit within 30 days of receipt of the information required in (d), above.(g) If the proposed permit modification increases the total quantity of sludge being managed at the site or facility by more than 20% from the quantity specified in the current permit, the modification shall be processed in accordance with Env-Wq 803 and Env-Wq 804.04 through Env-Wq 804.06.(h) The department shall notify the permit holder, in writing, of its decision on modifying or renewing the permit. For modifications made pursuant to (a), above, the notice shall include the ground(s) for the modification and information on how to appeal the decision.(i) The department shall transmit a copy of the decision to:(1) The clerk of the town 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 804.10
Adopted by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.