Current through Register Vol. 6, March 22, 2024
(1) If
the department determines that it has reason to believe it improvidently issued
an operating permit, it shall review the circumstances under which the permit
was issued, using the criteria in (2) of this rule. If the department finds
that the permit was improvidently issued, it shall comply with (3) of this
rule.
(2) The department shall find
that an operating permit was improvidently issued whenever:
(a) under the violations review criteria of
ARM 17.24.404 at the time the permit
was issued:
(i) the department should not
have issued the permit because of an unabated violation or a delinquent penalty
or fee; or
(ii) the permit was
issued on the presumption that a notice of violation was in the process of
being corrected to the satisfaction of the agency with jurisdiction over the
violation, but a cessation order was subsequently issued;
(b) the violation, penalty or fee:
(i) remains unabated or delinquent;
and
(ii) is not the subject of a
good faith appeal, or of an abatement plan or a payment schedule with which the
permittee or other person responsible is complying to the satisfaction of the
responsible agency; and
(c) if the permittee was linked to the
violation, penalty or fee through ownership or control, under the violations
review criteria of ARM
17.24.404 at the time the permit
was issued and the ownership or control link between the permittee and the
person responsible for the violation, penalty or fee still exists, or where the
link was severed the permittee continues to be responsible for the violation,
penalty or fee.
(3)
Whenever the department finds under (2) of this rule that because of an
unabated violation or delinquent penalty or fee that a permit was improvidently
issued, it shall impose 1 or more of the following remedial measures:
(a) implementation, with the cooperation of
the permittee or other responsible person, and of the responsible agency, of a
plan for abatement of the violation or a schedule for payment of the penalty or
fee;
(b) imposition on the permit
of a condition requiring that in a reasonable period of time the permittee or
other person responsible abate the violation or pay the penalty or
fee;
(c) suspension of the permit
until the violation is abated or the penalty or fee is paid; or
(d) if action under (b) or (c) above is
unsuccessful, revocation of the permit under ARM
17.24.407.
AUTH:
82-4-205, MCA; IMP:
82-4-205,
82-4-222,
82-4-227,
MCA
