Current through Register Vol. 48, No. 9, September 27, 2024
1.
Whenever the Department finds that material or substantial violations
demonstrate a disregard for, or inability to comply with, applicable laws or
requirements, and these violations would make the continuation of the permit
not in the best interest of human health and safety or the environment, the
Department may, after a hearing, amend or revoke the permit as appropriate and
necessary.
a. The Department shall give
notice by certified mail to the permittee of facts or conduct that warrant the
intended action, and
b. The
permittee shall be given an opportunity to show compliance with all lawful
requirements for the retention of the permit.
2. If the Department finds that public
health, safety, or welfare imperatively requires emergency action, suspension
of a permit may be ordered pending proceedings for revocation or other
action.
3. If a suspension is
issued to a permittee, it shall be issued per an order from the Department,
which will direct a facility to cease operating or to cease accepting all types
of feedstocks.
a. The suspension order will
also include instructions for how the permitted facility can obtain compliance
and a deadline by which the facility shall become compliant. Cited violations
that may result in a suspension order include, but are not limited to, the
following examples:
(1) A Department
determination that a facility has exceeded its permitted capacity;
(2) A Department determination that a
facility has not submitted to the Department the required amount of financial
assurance, or the financial assurance that was submitted is no longer valid,
has been cancelled, and not replaced for the facility site;
(3) A Department determination that a
facility was issued a written directive or order with a deadline to become
compliant but failed to do so by the communicated deadline;
(4) A Department determination that a
materially false statement has been made by the facility in the application for
a permit; or
(5) A Department
determination that the facility has falsified or altered records that are
required by this regulation.
b. The suspension shall last until the
Department has determined that the facility is in compliance with its permit,
applicable statutes or regulations, and/or a prior order, unless the Department
designates a time that the facility's suspension will be rescinded.
c. The Department may decline to lift the
permit suspension if a facility is cited for any additional violations during
the initial suspension period. If a facility is cited for additional violations
during the initial suspension period, the Department may only rescind the
suspension after the facility achieves compliance with all violations cited by
the Department.
d. All rescissions
of a suspension shall be communicated to the facility by the Department in
writing.
4. If, after a
hearing, the Department determines that permit revocation is warranted, an
administrative order revoking the permit will be issued.
