Section Env-Wq 1603.09 - Suspension, Revocation, or Refusal to Renew(a) If the department determines, based on available scientific and valid information, that the permitted activity creates an imminent danger to public health or safety or the environment, the department shall suspend the permit in accordance with RSA 541-A: 30, III and the provisions of Env-C 200 applicable to adjudicative proceedings.(b) After issuing a permit, permit-by-notification, an EQ certification, or a waiver, if the department receives information which indicates that good cause, as set forth in (g) below, exists to suspend or revoke the permit, registration, EQ certification, or waiver, the department shall commence an adjudicative proceeding to suspend or revoke the permit, permit-by-notification, EQ certification, or waiver in accordance with Env-C 200 and RSA 541-A.(c) Based on the findings of the adjudicative proceeding, the department shall revoke the permit, permit-by-notification, EQ certification, or waiver if the department determines that the reason that good cause exists cannot be corrected to conform to applicable requirements.(d) Based on the findings of the adjudicative proceeding, the department shall suspend the permit, permit-by-notification, EQ certification, or waiver, subject to (e) below, if the department determines that, while good cause exists, the reason that good cause exists can be corrected to conform to applicable requirements.(e) If a permit, permit-by-notification, EQ certification, or waiver is suspended pursuant to (d) above, the department shall not reinstate the permit, permit-by-notification, EQ certification, or waiver until: (1) The reason for good cause has been corrected to conform with applicable requirements; and(2) The permit holder submits a written request to the department requesting that the permit, permit-by-notification, EQ certification, or waiver be reinstated.(f) After receiving a request for renewal of a permit, permit-by-notification, EQ certification, or waiver, if the department receives information which indicates that good cause, as set forth in (g) below, exists to refuse to renew the permit, permit-by-notification, EQ certification, or waiver, the department shall proceed in accordance with Env-C 200 and refuse to renew the permit, permit-by-notification, EQ certification, or waiver until the reason for good cause has been corrected to conform with applicable requirements.(g) Good cause to suspend, revoke, or refuse to issue or to renew a permit, permit-by-notification, EQ certification, or waiver shall include the following: (1) The holder of the permit, permit-by-notification, EQ certification, or waiver has not complied with the conditions of the permit, permit-by-notification, EQ certification, waiver or these rules;(2) The plans submitted with the application or permit-by-notification do not accurately portray the actual site, facility, or management activities;(3) Any other information submitted in support of the application is not true and complete or is misleading;(4) The holder of the permit, permit-by-notification, EQ certification, or waiver has failed to comply with an order of the department relative to septage management, including an order to undertake corrective measures;(5) The holder of the permit, permit-by-notification, EQ certification, or waiver has failed to comply with an order of the department relative to a violation of any other law implemented by the department;(6) The holder of the permit or EQ certification has failed to submit an annual report in accordance with Env-Wq 1605.12, Env-Wq 1606.14, Env-Wq 1608.15, Env-Wq 1609.13, Env-Wq 1611.14, Env-Wq 1612.07, or Env-Wq 1613.06, as applicable; or(7) The holder of the permit, permit-by-notification, EQ certification, or waiver has failed to pay any fees or administrative fines owed to the department or any civil or criminal penalties owed to the State as a result of a violation of a law administered by the department.(h) The department shall inform the applicant that the decision to suspend, revoke, or refuse to renew may be appealed to the water council in accordance with RSA 21-O:7.N.H. Admin. Code § Env-Wq 1603.09
#8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13