(a) A written decision to deny, suspend, or revoke authorization to operate under a general permit shall:
- (1) Identify the registrant, the general permit category, and all documents that form the basis of the decision;
- (2) State the specific reason(s) for the denial, suspension, or revocation based on (b) below;
- (3) Identify the applicable provisions for appeal pursuant to RSA 149-M:8;
- (4) Provide the name, title, mailing address, telephone number, and email address of the department official or employee who can be contacted regarding the decision; and
- (5) Be signed by the director or a person so authorized by the director.
(b) Grounds for denying, revoking, or suspending authorization to operate under a general permit shall include:
- (1) The facility, proposed facility, or facility operations do not meet the requirements of the applicable general permit(s);
- (2) The registrant or permittee and the associated facility are not in compliance with the terms and conditions of the applicable general permit(s);
- (3) The department determines that the registrant or permittee meets the criteria for denial pursuant to RSA 149-M:9, IX;
- (4) The registrant or permittee is a chronic non-complier as defined by Env-C 209.01(b);
- (5) The registrant or permittee has not demonstrated its legal right to occupy the property where the facility is located;
- (6) The department has denied, suspended, or revoked registration for the same facility and the grounds for doing so have not been cured;
- (7) The registrant is not requesting the permit under their legal name and is not registered with the New Hampshire secretary of state to do business in New Hampshire; and
- (8) The registration meets any other provision for denial as specified in the solid waste rules or RSA 149-M.
Source. #14124, eff 11-23-24, EXPIRES: 11-23-34 (see Revision Note #2 at chapter heading for Env-Sw 300)