Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 120 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL
Chapter 1 - CERTIFICATION
Section 120-1-003
Current through September 17, 2024
Certification may be withdrawn by the department when it is determined that there is no longer reasonable assurance that there will be compliance with the applicable provisions of Title 117.
003.01 Notification will be given to the applicant by certified mail, return receipt requested, of the intent to withdraw certification and the reason therefor. The withdrawal will become effective unless the applicant requests in writing a hearing before the director no later than ten days after the date the notice is received.
003.02 If a hearing is held, procedure will be governed by Title 115, Rules and Practice and Procedure of the department. The only issue to be determined is whether there is still reasonable assurance that there will be compliance with Title 117.
003.03 If the applicant does not make a timely request for a hearing before the director, or if, after hearing, the director determines that certification should be withdrawn, notice of the decision will be given as soon as practicable by certified mail, return receipt requested, to the applicant and the Federal agency to whom certification had originally been made for an operating license or permit.
