Current through Register No. 12, March 21, 2024
(a) The commission shall suspend the
eligibility of a biodiesel production facility for one or more calendar
quarters if any of the following has occurred:
(1) Failure of the biodiesel producer to
notify the commission of any applicable federal, state, or local air emissions
or water discharge standards violations or non-compliance within 30 days as
required under
Puc
2505.09(d);
(2) Misrepresentation of biodiesel production
or sales information in reports submitted by the biodiesel producer;
(3) Misrepresentation of biodiesel sales to
New Hampshire end users in summary distributor reports submitted to the
independent monitor;
(4) Failure to
submit an annual report or notification of material change to the commission
when required;
(5) Failure of the
biodiesel producer to comply with any applicable federal, state, or local air
emissions or water discharge standards; or
(6) Other misrepresentation by the biodiesel
producer in any application or report submitted to the commission.
(b) The commission shall suspend
the eligibility of a biodiesel producer pursuant to (a) above through the
following process:
(1) Commission staff shall
review the failure or misrepresentation and propose suspension terms and
conditions to the biodiesel producer;
(2) If the biodiesel producer agrees with the
proposed suspension terms and conditions, then a stipulation of suspension
shall be prepared and filed with the commission, and the suspension shall be
effective as of and for the number of calendar quarters specified in the
stipulation; and
(3) If the
biodiesel producer does not agree with the proposed suspension terms and
conditions, then the producer shall have the opportunity for an adjudicative
proceeding with a hearing before the commission, pursuant to Puc
2505.15.
(c) The period
of any suspension under (a) above shall be determined with the objective of
deterring future failures or misrepresentations of the type specified in (a)(1)
through (a)(6) above, based on consideration of the following factors:
(1) The severity of the failure or
misrepresentation;
(2) Whether the
failure or misrepresentation was unintentional or immaterial;
(3) Whether the biodiesel producer acted in
good faith to comply with all applicable statutory and regulatory
requirements;
(4) Facts, actions,
or conditions, if any, that might excuse or justify a particular failure or
misrepresentation; and
(5) Other
relevant information pertaining to the business practices of the biodiesel
producer.
(d) All REC
eligibility suspensions under this section shall be prospective only and, once
created, no certificate shall be disqualified or removed from the GIS
system.
#9169, eff 6-3-08
