Section Env-Ws 387.15 - Procedure and Criteria to Issue, Suspend or Revoke a Minor Large Withdrawal Permit(a) The department shall issue or deny a minor withdrawal permit or permit renewal in writing within 45 days of receipt of a complete permit application prepared in accordance with Env-Ws 387.14.(b) The department shall issue a minor withdrawal permit when all activities have been completed in accordance with Env-Ws 387.04 and the withdrawal meets the minor withdrawal designation criteria established by Env-Ws 387.03.(c) The department shall deny or revoke a minor withdrawal permit if all activities have not been completed in accordance with Env-Ws 387.04 or the withdrawal does not meet the minor withdrawal designation criteria established in Env-Ws 387.03.(d) The department shall identify in writing the reasons for denying or revoking a minor withdrawal permit.(e) An applicant denied a minor withdrawal permit under these rules may apply for a major withdrawal permit in accordance with Env-Ws 388.(f) The procedure for revoking or suspending a minor withdrawal permit shall be as follows: (1) The department shall notify the permittee of the date, time, and place of a hearing at which the permittee shall be given an opportunity to show cause why the permit should not be revoked or suspended, which notice and hearing shall be in accordance with RSA 541-A:31 and Env-C 200;(2) If as a result of the hearing the department determines that the permit would not have been issued if true and complete information had been presented at the time of the application and that the site cannot be made to conform to the requirements of the rules, the department shall revoke the permit; and(3) If as a result of the hearing the department determines that the permit would not have been issued if the true and complete information had been presented at the time of the application but that the site can be made to conform to the requirements of the rules, the department shall suspend the permit and shall reinstate the permit upon receiving proof from the permittee that the site meets the requirements of the rules for the permit.(g) The applicant or permittee shall have the opportunity for a hearing if the permit is denied, in accordance with RSA 541-A:31.(h) The applicant or permittee shall have the opportunity for a hearing before the permit is suspended or revoked in accordance with RSA 541-A:30 unless an emergency action is required.(i) The department shall suspend the permit immediately, if it determines that emergency action is required in accordance with RSA 541-A:30, III by providing written notice to the permittee that includes the following information: (1) The facility by name, location, and permit number;(2) The emergency action(s) the department is taking;(3) The reasons for the emergency actions;(4) A description of the department's authority for taking such action;(5) The name, title, mailing address, and telephone number of the department representative who may be contacted regarding the notice;(6) The date, time, and location of the adjudicative hearing required by RSA 541-A:30, III; and(7) A dated signature of the director of the department's water division.N.H. Code Admin. R. Env-Ws 387.15
#7490, eff 5-12-01; ss by #9459, INTERIM, eff 5-12-09, EXPIRED: 11-9-09