Section 146-C:16 Appeals.
I. A facility owner may request, in writing, that the department rescind the delivery prohibition imposed under RSA 146-C:14. The department, shall approve a request to rescind the delivery prohibition, upon determining the following:
(a) The facility owner or operator has corrected the operational deficiencies identified during the inspection conducted under RSA 146-C:15, I;
(b) Fines and penalties assessed by the department against the facility owner or operator, if any, have been paid; and
(c) The department has re-inspected the facility and determined the storage tank or facility is in compliance, or an owner or operator has provided satisfactory documentation that operational deficiencies were corrected. Upon notification by the owner or operator documenting to the satisfaction of the department that the deficiencies were corrected:
(1) The department may provide written notification to the owner or operator to remove the red tag.
(2) The department shall inspect the underground storage tank or facility within 5 business days of notification to determine whether the tank or facility is now in compliance with department rules, regardless of whether it has authorized removal of the red tag by the owner or operator. If, upon inspection, the department determines that the system is not in compliance and the department has not already authorized the removal of the red tag, the department shall immediately remove the red tag.
(3) Upon removal of the red tag, the department shall document the level of stored product in the tank or facility. If the red tag was removed by the owner or operator as authorized by the department, the owner or operator shall document the level of stored product in the tank or facility at the time of red tag removal. The removed red tag shall be sent back to the department with documentation of the level of product in the tank or facility at the time of removal. The red-tagged documentation shall be returned to the department within 5 days of the removal of the red tag, or sooner if the department requests it.
II. Nothing in this section shall affect any authority of the department or the attorney general to enforce state law relative to oil discharges or storage tank compliance, or to seek injunctive relief, cost recovery, penalties, and any other sanctions for non-compliance with applicable requirements.
III. Any appeal of department action under this section shall not stay or suspend the department's action.
Source. 2007, 376:2, eff. July 1, 2007.