149-M:12 Criteria for Approval, Suspension, or Revocation. –
I. The department shall approve an application for a permit only if it determines that the facility or activity for which the permit is sought will:
(a) Comply with this chapter and all rules adopted under it;
(b) Be consistent with the provisions of the state, district, and local plans; and
(c) Comply with federal and state air or water pollution statutes, regulations, and rules.
II. The department may suspend or revoke any permit issued under this chapter if, following an opportunity for hearing, it determines that:
(a) The permit holder has committed a violation of this chapter, or any rule, plan, order, or permit conditions in force under it; or
(b) The facility or activity covered by the permit presents an immediate and substantial threat to human health or the environment.
III. In processing applications for a permit under this chapter, the department shall comply with time limits prescribed in RSA 541-A:29, except the department shall not be required to issue a final decision on any application until 30 days after a public hearing held pursuant to RSA 149-M:11, IV(a) in order to assure proper consideration of public concerns.
Source. 1996, 251:2; 251:28. 1999, 54:2, eff. July 20, 1999.