Section Env-Or 703.13 - Permit Modification(a) A permittee who wishes to request a permit modification shall submit a written request to the department that explains the reasons for the requested modification and includes a table summarizing all monitoring results to date from existing monitoring points.(b) The department shall modify the permit or deny the request within 90 days of receipt of the request. If the department denies the request, the department shall notify the permittee in writing of the reason(s) for the denial.(c) The department shall modify the permit if the applicant can demonstrate compliance with Env-Or 703.17, Env-Or 703.18, and Env-Or 703.19, as applicable.(d) The department shall initiate a procedure under RSA 541-A:30 to modify a permit without request by the permittee if the department determines that: (1) Issuance of the permit was based on false, incomplete, or misleading information, and the permit would have contained different conditions if true, complete, and not misleading information had been provided;(2) Modification of the permit is necessary to ensure protection of human health or the environment; or(3) Modification of the permit is necessary to ensure compliance with Env-Or 703.17, Env-Or 703.18, and Env-Or 703.19, as applicable.(e) To initiate a permit modification procedure, the department shall provide the permittee with written notice that: (1) Identifies the facility by name, department identification number, location, and permit number;(2) Explains the action(s) the department proposes to take and the reason(s) for the proposed action;(3) Identifies the department's authority for taking the proposed action;(4) Explains the opportunity for an adjudicative hearing and related deadlines; and(5) Lists the name, title, mailing address, and telephone number of the department representative who may be contacted regarding the notice.(f) An adjudicative hearing on a permit modification initiated by the department pursuant to (d), above, shall: (1) Be requested by the permittee to the department in writing within 30 days of receipt of the notice from the department; and(2) Proceed in accordance with the provisions of Env-C 200 that relate to adjudicative proceedings.N.H. Admin. Code § Env-Or 703.13
(See Revision Note at chapter heading for Env-Or 700) #8812, eff 2-1-07
Amended by Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10832, Effective 6/1/2015, Expires6/1/2025.