Section Site 302.01 - Determination of Certificate Violation(a) Whenever the committee or the administrator as designee determines, on its own or in response to a complaint, that any term or condition of an issued certificate is being violated, it shall give written notice to the person holding the certificate of the specific violation and order the person to immediately terminate the violation.(b) The administrator or another designated representative of the committee shall have the authority to inspect and monitor the construction and operation of the energy facility subject to the certificate.(c) If the person holding the certificate has failed or neglected to terminate a specified violation within 15 days after receipt of the notice and order issued pursuant to (a) above, the committee shall commence a proceeding to suspend the person's certificate.(d) Except in the case of an emergency, the committee shall give written notice of its consideration of suspension and of its reasons for consideration of suspension and shall provide an opportunity for an adjudicative hearing pursuant to Site 201 with respect to the proposed suspension.(e) Except in the case of an emergency, the committee shall provide 14 days prior written notice of the hearing referred to in (d) above to the holder of the certificate and to the complainant, if any.(f) If the committee determines following the adjudicative proceeding that a certificate violation has occurred and is continuing, the committee shall issue an order that suspends the holder's certificate until such time as the violation has been corrected if the committee determines, after due consideration of any mitigating circumstances and a determination of whether suspension is in the best interests of the public, or would result in an inability to assure that the state has an adequate and reliable supply of energy in conformance with sound environmental principles, that the following criteria have been met: (1) The violation will not be terminated within 30 days from the date of the committee's decision; and(2) The violation will have an unreasonable adverse effect pursuant to Site 301.14 on aesthetics, historic sites, air and water quality, the natural environment, or public health and safety.N.H. Admin. Code § Site 302.01
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10994, Effective 12/16/2015, Expires 12/16/2025.Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11156, Effective 8/16/2016, Expires 8/16/2026.