1. (a) A permittee may request the department to reissue an existing permit or permit modification when there is an administrative benefit for doing so as specified in (e) below.
2. (b) Reissuance of a permit or permit modification under this section shall be limited to rewording the terms and conditions of the permit to clarify but not modify requirements applicable to the facility under RSA 149-M, the solid waste rules, and the permit in effect at the time of reissuance.

3. (c) A permittee’s request pursuant to (a) above shall be made in writing, to include:

   1. (1) Facility identification as defined in Env-Sw 103.02;
   2. (2) Permittee identification as defined in Env-Sw 104.07;
   3. (3) A statement requesting the department to initiate action to reissue the permit pursuant to the rules in this section;
   4. (4) Date of the request; and
   5. (5) Signature of the permittee.
4. (d) Within 120 days of receipt of a request as specified by (c) above, the department shall review the terms and conditions of the permit to determine whether reissuance of the permit will have an administrative benefit to both the department and the permittee, based on the criteria provided by (e) below.

5. (e) There shall be an administrative benefit to reissuing a permit if:

   1. (1) The permit was originally issued by a predecessor agency to the department;

   2. (2) The terms and conditions of the permit include references to rules, statutes, or regulations either no longer in effect or amended to such an extent as to make:

      1. a. The legal meaning of the terms and conditions unclear without knowing the history of the cited rules, statutes, or regulations; or
      2. b. A plain reading of the terms and conditions to be an incorrect legal meaning; or
   3. (3) The permit was deemed approved by effect of RSA 541-A:29-a.
6. (f) If there is an administrative benefit to reissuing the permit, the department shall prepare and send a preliminary draft of the rewritten permit to the permittee for review and request comment(s) be provided within 60 days.
7. (g) Following receipt of comments by the permittee on the preliminary draft, the department shall prepare and send a final draft of the rewritten permit to the permittee for review and response pursuant to (h) below.

8. (h) Within 60 days following receipt of a final draft of the rewritten permit, the permittee shall notify the department whether:

   1. (1) The permittee consents to reissuance of the permit as presented in the final draft; or
   2. (2) The permittee does not consent to reissuance of the permit as presented in the final draft because it constitutes a modification of the permit that is subject to the proceedings in Env-Sw 306.
9. (i) The department shall proceed in accordance with the permittee’s response provided pursuant to (h) above.
10. (j) If the permittee does not respond within the specified time, the department shall notify the permittee that the existing permit remains in effect.

Source. (See Revision Note #1 at chapter heading for Env-Sw 300) #8462-B, eff 10-28-05; ss by #10595, eff 7-1-14; ss by #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)