1. (a) If the department determines, based on all available scientific and valid information, that the permitted activity creates an imminent danger to public health or safety or the environment, the department shall modify or suspend the conditions of a permit without request by the permit holder pursuant to RSA 541-A:30, III and the provisions of Env-C 200 applicable to adjudicative proceedings.

2. (b) The permit holder shall apply to the department for approval to:

   1. (1) Renew a site, facility, or septage holding tank(s) permit, or
   2. (2) Modify a site, or facility, or septage holding tank(s) permit, or any permitted management activity prior to implementing any changes.

3. (c) To apply for permit renewal or modification, the permit holder shall complete and submit an "Application for Transfer, Modification, or Renewal of a Sludge or Septage Permit" form, NHDES-W-09-044, February 2025, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-044 to the department and to the governing body of the municipality in which the site or facility is located and the following information:

   1. (1) A detailed description of all proposed modifications, if any;
   2. (2) Revised site, facility management, or groundwater monitoring plans, highlighting the proposed changes, if any;
   3. (3) If applicable, revised facility plans and specifications for construction and closure stamped by a New Hampshire registered professional engineer;
   4. (4) An explanation of why each proposed change is necessary or desirable;
   5. (5) The effect of the permit renewal or modification on the capacity or life expectancy of the site or septage holding area;
   6. (6) The identification and status of all other federal or state permits or approvals necessary to affect the proposed modifications(s);
   7. (7) The permit holder’s proposed schedule for implementing such changes;
   8. (8) A list and status of any outstanding violations, accompanied by a statement from the permit holder indicating how full compliance shall be attained prior to approval of the renewal or modification;
   9. (9) For renewals or modifications in accordance with (e) below, certification that the notification requirements outlined in Env-Wq 1604.01(a), (b), (c), (d)(1) through (6), and (e) have been met, including a copy of the notice sent to abutters notifying them of the activity; and
   10. (10) Soil samples collected in accordance with Env-Wq 1608.12(e), from each field upon which domestic septage has been applied.

4. (d) The department shall approve the modification or renewal if it determines that:

   1. (1) All applicable requirements of these rules have been met;
   2. (2) If the applicant is other than the owner, the owner has given permission to the applicant for the modification or renewal;
   3. (3) All other state permits which are necessary for the proposed modification have been applied for;
   4. (4) Management of the septage at the site, facility, or septage holding area is in accordance with the proposed modification and will not violate any statutes or rules administered by the department;
   5. (5) The department can differentiate any groundwater impact resulting from the proposed modification from impacts resulting from the existing or previously permitted activity; and
   6. (6) The permit holder has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department.
5. (e) If the proposed permit modification or renewal increases the volume of septage being managed at the site, facility, or septage holding area by more than 25 percent from the volume specified in the original permit, the renewal or modification shall be processed in accordance with Env-Wq 1604 and Env-Wq 1603.06 unless the applicant can demonstrate that the increase will not impact the environment or abutters.
6. (f) If the department does not approve a permit renewal and any associated waiver(s) before the expiration date of the permit, then the permit and any associated waiver conditions of the existing permit shall be administratively continued until such time the renewal is issued by the department.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25