N.H. Code Admin. R. Env-Wt 316.03

Current through Register No. 25, June 20, 2024

Section Env-Wt 316.03 - Suspension or Revocation of Approvals

(a) The department shall initiate a proceeding to suspend or revoke an approval whenever the department:

(1) Receives credible information that supports a conclusion that the work being done under the approval does not comply with the terms of the approval and all other applicable requirements; and

(2) Concludes that the department's attempts to obtain compliance by other means have not been successful, subject to (b), below.

(b) If the work being done poses an immediate and substantial threat to the environment or to public health or safety, the department shall not be required to attempt to obtain compliance by other means.

(c) To initiate the proceeding, the department shall notify the owner of the property on which the work is occurring and the person(s) doing the work, if known to the department, in writing of:

(1) The intention to suspend or revoke the approval, as applicable;

(2) The facts on which the proposed action is based; and

(3) The deadline for requesting a hearing to show cause why the proposed action should not be taken.

(d) If a hearing is requested, the hearing shall be conducted in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.

(e) After the hearing, if one is held, or after the deadline for requesting a hearing if a request is not received, the department shall:

(1) Revoke the approval, if the department determines that:

a. The approval would not have been issued if the information submitted had been true, complete, and not misleading; and

b. The project for which the permit was obtained cannot be made to conform to applicable requirements; or

(2) Suspend the permit, if the department determines that:

a. The approval would have been issued if the information submitted had been true, complete, and not misleading; and

b. The project for which the approval was obtained can be made to conform to applicable requirements.

(f) If an approval is suspended pursuant to (e)(2), above, the department shall reinstate the approval upon receiving proof from the respondent that the project meets applicable requirements.

N.H. Code Admin. R. Env-Wt 316.03

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029.