Section Env-Ws 387.17 - Procedure and Criteria for Minor Withdrawal Permit Modifications(a) The department shall modify a permit when requested by the permittee as follows:(1) The permittee submits a written request to the department;(2) The request explains the reasons for the modification; and(3) The department determines that the request will continue to meet the criteria for a minor large withdrawal designation in accordance with Env-Ws 387.03.(b) Any permanent increase in the withdrawal rates shall require that the permit holder re-apply for a new minor large or major withdrawal permit pursuant to Env-Ws 387 and Env-Ws 388.(c) The department shall deny modifications when the requirements in (a) above, have not been met.(d) The department shall modify the permit to ensure minor designation criteria will be met in accordance with Env-Ws 387.03 after completing the following unless emergency action is required:(1) Provide an opportunity for a hearing pursuant to RSA 541-A:30, II; and(2) Provide written notice to the permittee which:a. Identifies the facility by name, location, and permit number;b. Explains the action(s) the department proposes to take and the reasons for the proposed action;c. Identifies the department's authority for taking such action;d. Lists the name, title, mailing address, and telephone number of the department representative who may be contacted regarding the notice; ande. Is dated and signed by the director of the department's water division.(e) Potential permit modifications shall include but not be limited to: (1) An increase in production monitoring;(2) An increase in monitoring and reporting of groundwater or surface water levels;(3) A reduction in permit volumes; and(4) The revocation of minor designation in accordance with Env-Ws 387.15.N.H. Code Admin. R. Env-Ws 387.17
#7490, eff 5-12-01; ss by #9459, INTERIM, eff 5-12-09, EXPIRED: 11-9-09