Section Env-Wq 301.10 - Suspension, Revocation, or Refusal to Renew(a) If, after issuing a permit to a facility, the department receives information that indicates that good cause, as set forth in (f), below, exists to suspend or revoke the permit, the department shall proceed in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.(b) After proceeding in accordance with (a), above, the department shall revoke the permit if the department determines that the reason for good cause cannot be corrected to conform to applicable requirements.(c) After proceeding in accordance with (a), above, the department shall suspend the permit, subject to (d) below, if the department determines that, while good cause exists, the reason that good cause exists can be corrected to conform to applicable requirements.(d) If a permit is suspended pursuant to (c), above, the department shall not reinstate the permit 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 be reinstated.(e) If after receiving a request for renewal of a permit, the department receives information which indicates that good cause, as set forth in (f), below, exists to refuse to renew the permit, the department shall proceed in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings and refuse to renew the permit, until the reason for good cause has been corrected to conform with applicable requirements.(f) Good cause to suspend, revoke, or refuse to renew a permit shall include the following:(1) The permit holder has not complied with the conditions of the permit or these rules;(2) The plans submitted with the application do not accurately portray the actual site and facility;(3) Information submitted in support of the application is not true and complete or is misleading;(4) The permit holder has failed to comply with an order of the department relative to wastewater management, including an order to undertake corrective measures;(5) The permit holder has failed to comply with an order of the department relative to a violation of any other statute administered by the department; or(6) The permit holder has failed to pay any administrative, civil, or criminal penalties owed to the department.(g) If the department determines, based on all available scientific and valid information, that the permitted activity is creating an immediate danger to human health or the environment, the department shall proceed in accordance with RSA 541-A:30, III.(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 Env-WC 200.N.H. Admin. Code § Env-Wq 301.10
(See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13