1. (a) A general permit shall be revoked or suspended in accordance with Env-Sw 306.

2. (b) The terms and conditions in a general permit shall be modified by the department if one or more of the following conditions exist:

   1. (1) A statute or rule change occurs impacting the terms and conditions of a general permit;
   2. (2) The terms and conditions of the permit are less protective of public health, safety, and the environment than industry standards or best management practices;

   3. (3) An inconsistency exists between industry standards or best management practices and the general permit that creates a hardship on permittees and provides no benefit to the public, and such hardship may be remedied by a modification of the permit, provided the proposed modification will:

      1. a. Not result in an adverse impact on the environment or natural resources of the state, public health, or public safety;
      2. b. Not result in an impact on abutting properties that is more significant than that which would result from complying with the permit as it is; and
      3. c. Be in keeping with the intent and purpose of the general permit and RSA 149-M; or
   4. (4) A permit condition needs to be revised, added, or deleted to ensure compliance with any applicable federal or state statute, rule, or regulation.
3. (c) The department shall hold a public hearing in accordance with Env-Sw 308.06 for each proposed general permit modification, except for modifications identified in (d) below.

4. (d) The department shall not hold a public hearing for modifications to a general permit if the proposed change(s):

   1. (1) Are clerical in nature and do not constitute a material change in the permit;
   2. (2) Are deemed to have an insignificant effect on environmental quality; or
   3. (3) Do not impact facility capacity limits.
5. (e) When a permit is modified pursuant to this section, only the terms and conditions subject to modification shall be considered.
6. (f) An existing general permit shall remain in effect while undergoing the modification process.
7. (g) The department shall render a decision on modification of a general permit in accordance with Env-Sw 308.07.

Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)