1. (a) In any proceeding initiated pursuant to Env-Wq 304.20, the department shall revoke or refuse to renew the certificate, as applicable, if the department determines that:

   1. (1) The underlying cause for the action cannot be corrected to conform to applicable requirements;
   2. (2) The operator’s conduct caused harm or posed a substantial threat of harm to public health or the environment;
   3. (3) The operator does not acknowledge the severity of their conduct, shows no remorse, or otherwise exhibits a disregard for the wastewater operator certification program; or
   4. (4) The operator is a chronic non-complier as defined in Env-C 209.
2. (b) An individual whose operator certification has been revoked or refused renewal pursuant to (a), above, shall not be eligible to submit an application under Env-Wq 304.09 to become a certified operator in New Hampshire unless and until the individual has submitted a written request that has been approved by the department as specified in (c) through (f), below.
3. (c) No sooner than 3 years from the date the certification was revoked or refused renewal, the individual seeking to apply for certification shall submit a written request to the department requesting that they be allowed to take the certification exam.

4. (d) The request filed pursuant to (c), above, shall demonstrate that the individual:

   1. (1) Understands the seriousness of the offense(s);
   2. (2) Has taken responsibility for their actions; and
   3. (3) Has taken courses or otherwise engaged in education relating to wastewater operations at a rate of 10 hours for each year since the certificate was revoked or refused renewal.
5. (e) The department shall approve the request to apply only if the department determines, based on the information provided pursuant to (d), above, that the individual is not likely to repeat the action(s) that caused their certificate to be revoked or refused renewal.
6. (f) The department shall notify the individual in writing of its decision. If the department denies the request to apply, the notice shall specify the reason(s) for the department's determination.

Source. (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.23) (see Revision Note #2 at part heading for Env-Wq 304)