Ariz. Admin. Code § 18-9-A213

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-9-A213 - Permit Suspension, Revocation, Denial, or Termination

A. The Director may, after notice and opportunity for hearing, suspend or revoke an individual permit or a continuance under R18-9-105(A)(1), (2), or (3) for any of the following:

1. A permittee failed to comply with any applicable provision of A.R.S. Title 49, Chapter 2, Article 3; Articles 1 and 2 of this Chapter; or any permit condition;

2. A permittee misrepresented or omitted a fact, information, or data related to an Aquifer Protection Permit application or permit condition;

3. The Director determines that a permitted activity is causing or will cause a violation of an Aquifer Water Quality Standard at a point of compliance;

4. A permitted discharge is causing or will cause imminent and substantial endangerment to public health or the environment;

5. A permittee failed to maintain the financial capability under R18-9-A203(B); or

6. A permittee failed to construct a facility within five years of permit issuance and:

a. It is necessary to update BADCT for the facility, and

b. The Department has not issued an amended permit under R18-9-A211(B)(6).

B. The Director may deny an individual permit if the Director determines upon completion of the application process that the applicant has:

1. Failed or refused to correct a deficiency in the permit application;

2. Failed to demonstrate that the facility and the operation will comply with the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1 and 2 of this Chapter. The Director shall base this determination on:

a. The information submitted in the Aquifer Protection Permit application,

b. Any information submitted to the Department following a public hearing, or

c. Any relevant information that is developed or acquired by the Department; or

3. Provided false or misleading information.

C. The Director shall terminate an individual permit if each facility covered under the individual permit:

1. Has closed and the Director issued a Permit Release Notice under R18-9-A209(C)(2)(c) or R18-9-A209(B)(3)(a)(ii) for the closed facility, or

2. Is covered under another Aquifer Protection Permit.

Ariz. Admin. Code § R18-9-A213

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).