1. (a) A permittee who wishes to request a permit modification shall submit a written request to the department that includes:

   1. (1) The reasons for the modification;
   2. (2) A table summarizing all monitoring results to date from existing monitoring points; and
   3. (3) A demonstration that the permit as modified will result in compliance with Env-Or 607.01(b) and Env-Or 607.07.
2. (b) The department shall modify the permit or deny the request within 60 days of receipt of the request. If the department denies the request, the department shall send the permittee a written notice that states the reason(s) for the denial.
3. (c) The department shall modify the permit if the applicant can demonstrate that compliance with the permit as modified will result in compliance with Env-Or 607.01(b) and Env-Or 607.07.

4. (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. (1) Issuance of the permit was based on false or misleading information and the permit would not have been issued if the information had been true and not misleading;
   2. (2) Modification of the permit is necessary to ensure protection of human health and the environment; or
   3. (3) Modification of the permit is necessary to ensure compliance with Env-Or 607.01(b) and Env-Or 607.07.

5. (e) To initiate a permit modification procedure, the department shall provide the permittee with written notice that:

   1. (1) Identifies the site by name, department identification number, location, and permit number;
   2. (2) Explains each action the department proposes to take and the reasons for each proposed action;
   3. (3) Identifies the department’s authority for taking such an action;
   4. (4) Explains the opportunity for an adjudicative hearing and related deadlines; and
   5. (5) Lists the name, title, mailing address, and telephone number of the department representative who can be contacted regarding the notice.
6. (f) If a permittee wishes to have an adjudicative hearing on a permit modification initiated by the department pursuant to (e), above, the permittee shall make a request for such a hearing to the department in writing within 30 days of receipt of the notice from the department. Any such hearing shall proceed in accordance with Env-C 200 as applicable to adjudicative proceedings.

Source. (See Revision Note at chapter heading for Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15; ss by #14419, eff 11-4-25, EXPIRES: 11-4-35