N.H. Code Admin. R. Env-Ws 901.16

Current through Register No. 25, June 20, 2024

Section Env-Ws 901.16 - Suspension, Revocation, or Refusal to Renew Certificate

(a) If after issuing a certificate the committee receives information which indicates that good cause, as defined in (g), below, exists to suspend or revoke the certificate, the committee shall proceed in accordance with RSA 541-A:30.

(b) After proceeding in accordance with RSA 541-A:30, the committee shall revoke the certificate if the committee determines that:

(1) The reason that good cause exists cannot be corrected to conform to applicable requirements;

(2) The operator's conduct caused harm or posed a substantial threat of harm to public health or the environment; or

(3) The operator is a chronic violator as defined in Env-C 209.

(c) After proceeding in accordance with RSA 541-A:30, the committee shall suspend the certificate, subject to (d) below, if the committee determines that:

(1) The reason that good cause exists can be corrected to conform to applicable requirements ; and

(2) The operator's conduct does not meet the criteria for revoking the certification.

(d) If a certificate is suspended pursuant to (c) above, the committee shall not reinstate the certificate until:

(1) The reason that good cause exists has been corrected to conform with applicable requirements; and

(2) The certificate holder submits a written request to the committee requesting that the certificate be reinstated.

(e) If after receiving a request for renewal of a certificate, the committee receives information which indicates that good cause, as defined in (g) below, exists to refuse to renew the certificate, the committee shall proceed in accordance with RSA 541-A:30.

(f) After proceeding in accordance with RSA 541-A:30, the committee shall:

(1) Refuse to renew the certificate, if the committee determines that:

a. The reason that good cause exists cannot be corrected to conform to applicable requirements;

b. The operator's conduct caused harm or posed a substantial threat of harm to public health or the environment; or

c. The operator is a chronic violator as defined in Env-C 209; or

(2) Renew the certificate conditional upon the reason that good cause exists being made to comply with applicable requirements.

(g) Good cause to suspend, revoke, or refuse to renew a certificate shall include the following;

(1) Failing to use reasonable care, judgment, and application of his/her knowledge in the performance of his/her duties;

(2) Taking action(s) or failing to take action(s) relating to the operation of the plant which jeopardizes public health, compromises the proper operation and maintenance of the plant, or results in a violation of water quality standards or wastewater treatment plant effluent criteria;

(3) Obtaining a certificate through fraud, deceit, or falsification;

(4) Submitting false or misleading information regarding any application for certification or renewal;

(5) Submitting false or misleading operational documentation relating to the performance and monitoring requirements of a wastewater treatment facility;

(6) Failing to submit required operational documentation to appropriate regulatory agencies in a timely manner; and

(7) Failing to comply with an order of the department relative to the management of wastewater.

N.H. Code Admin. R. Env-Ws 901.16

#8327, eff 4-23-05 (from Env-Ws 901.08 )