N.H. Code Admin. R. Env-Wt 204.07 – Suspension, Revocation, or Modifications of Waivers

(a) Any waiver to a rule or under RSA 482-A:26, III(b) that is issued by the department shall be issued based on the presumption that the information submitted to obtain the approval is true, complete, and not misleading.
(b) If the department receives credible information, after the time has run for requesting reconsideration, which indicates that the information upon which the waiver was based was false, incomplete, or misleading, the department shall notify the person to whom the waiver was issued of:
1. (1) The department’s intention to suspend, revoke, or modify the waiver, as applicable;
2. (2) The basis for the proposed action; and
3. (3) The date, time, and place of a hearing on the proposed action at which the person to whom the waiver was issued shall be given an opportunity to show cause why the proposed action should not be taken.
(c) The hearing shall be conducted in accordance with RSA 541-A:31 and the provisions of Env-C 200 that apply to adjudicative proceedings.
(d) After the hearing, the department shall revoke the waiver if the department determines that:
1. (1) The waiver would not have been issued if the information submitted had been true, complete, and not misleading; and
2. (2) The project or activities to which the waiver relates cannot be conducted lawfully even with the waiver.
(e) After the hearing, the department shall suspend the waiver if the department determines that:
1. (1) The waiver would have been issued if the information submitted had been true, complete, and not misleading; and
2. (2) The project or activities to which the waiver relates can be conducted lawfully with the waiver.
(f) If a waiver is suspended pursuant to (e), above, the department shall reinstate the waiver upon receiving proof from the recipient that the project meets applicable requirements for approval.
(g) If as a result of the hearing the department determines that a modification to the waiver is required in order to bring the waiver and the project into compliance with applicable requirements, the department shall issue a modified waiver.
(h) The department shall notify the recipient in writing of its decision. If the decision is to suspend, revoke, or modify the waiver, the department shall specify the reason(s) for the decision.
(i) Any person aggrieved by the decision who wishes to contest the decision shall proceed as specified in Env-Wt 203.03.
Source. #10366-A, eff 6-26-13 (from Env-Wt 204.06); ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); renumbered by #13948 (formerly Env-Wt 204.08)
Appendix A: State Statutes Implemented
RULE
STATE STATUTE(S) IMPLEMENTED
Env-Wt 200 (see additional statutes for specific part below)
RSA 482-A:1; RSA 482-A:3; RSA 482-A:8;
RSA 482-A:10; RSA 482-A:11
Env-Wt 201.01
RSA 482-A:8; RSA 482-A:10; RSA 482-A:11;
RSA 482-A:26, III(b); RSA 541-A:22, IV
Env-Wt 202.01
Env-Wt 202.02
Env-Wt 202.03
RSA 482-A:8; RSA 482-A:11
Env-Wt 204
RSA 482-A:26, III(b); RSA 541-A:22, IV
Env-Wt 204.03(c)
RSA 482-A:1; RSA 482-A:3; RSA 482-A:8;
RSA 482-A:10; RSA 482-A:11; RSA 482:26, III(b)
Env-Wt 204.03
Env-Wt 204.04
Env-Wt 204.05
RSA 482-A:26, III(b); RSA 541-A:22, IV