Ala. Admin. Code r. 335-8-1-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-8-1-.07 - General Conditions

(1) In no case shall the provisions set forth in this Administrative Code or any action taken pursuant to this Administrative Code relieve any person of the obligation to comply with the requirements of the federal consistency regulations, any state or federal statute or the requirements of any local ordinance.

(2) Any permit, variance or certification issued by the Department pursuant to this Administrative Code shall not be construed as granting or vesting of any property rights or exclusive privileges in any properties nor shall it authorize any injury to the property or rights of others.

(3) The Department may re-evaluate, re-open, modify, suspend or revoke any permit or certification during the effective life of the permit or certification for any just cause, including, but not limited to, the following:

(a) violation of any special condition or provision of a permit or certification;

(b) supporting information filed with an application proves to be false, incomplete or inaccurate;

(c) newly discovered information, previously not considered by the Department which reasonably could have been known by the applicant and relates to the ability of the use or activity to comply with any of the provisions of this Administrative Code.

(4) The issuance of any permit or certification pursuant to these regulations is conditional upon continued compliance with the ACAMP. In addition, the Department may impose such relevant conditions that it deems appropriate to assure compliance with the ACAMP.

(5) If the Department finds that an imminent peril to the public health, safety or welfare requires immediate action without adherence to the procedures herein set forth, the Department may proceed to approve such emergency actions without prior notice or hearing. Such emergency approvals shall be effective for a period not to exceed 120 days.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-1-.07

Effective: August 14, 1979. Amended: October 10, 1984; October 9, 1985. Repealed and New Rule: Filed May 26, 1994; Effective June 30, 1994.

Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.