Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 93 - SOLID WASTE: GENERAL PROVISIONS
Section 340-093-0115 - Termination or Revocation of a Permit
Universal Citation: OR Admin Rules 340-093-0115
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Automatic Termination: A permit automatically terminates when:
(a) The
Department issues a new permit for the same activity or operation;
(b) The permittee requests in writing that
the permit terminate, if the Department determines that a permit is no longer
needed; or
(c) The permittee fails
to timely submit an application for permit renewal.
(i) Termination is effective on the permit
expiration date.
(ii) A permit may
be reinstated only if the permittee applies for a new permit including the
associated fees pursuant to division 097.
(iii) All permit conditions will remain in
effect until such time as a new permit is issued by the Department. Failure by
a permittee to abide by the terms of any permit conditions will be a violation
of this provision.
(2) Revocation with prior notice:
(a) If the Department determines that a
permittee is in noncompliance with the terms of the permit, submitted false
information in the application or other required documentation, or is in
violation of any applicable law, the Department may revoke the permit.
(b) The Department will provide
notice of the intent to revoke the permit in accordance with OAR
340-011-0525.
The notice will include the reasons why the permit will be revoked, and include
an opportunity for hearing before the revocation. The Department must receive a
written request for hearing stating the grounds for the request within 60 days
from service of the notice. The hearing will be conducted as a contested case
hearing in accordance with ORS 183.413 through 183.470 and OAR chapter 340,
division 011. The permit will continue in effect until the 60 days expires or
until a final order is issued.
(3) Revocation without prior notice:
(a) If the Department finds that the
permittee's activities cause a serious danger to the public health, safety or
the environment, the Department may immediately revoke or refuse to renew the
permit without prior notice or opportunity for a hearing.
(b) If no advance notice of the revocation is
provided, the Department will notify the permittee as soon as possible as
provided in OAR
340-011-0525.
The notification will set forth the specific reasons for the revocation or
refusal to renew.
(c) The
Department must receive a written request for a hearing stating the grounds for
the request within 90 days of service of the notice. The hearing will be
conducted as a contested case hearing in accordance with ORS 183.413 through
183.470 and OAR chapter 340, division 011. If the Department does not receive a
request for a hearing within 90 days, the revocation or refusal to renew
becomes final without further action by the Department.
Stat. Auth.: ORS 459.045 & 459.785
Stats. Implemented: ORS 459.255 & 459.755
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
