Or. Admin. Code § 340-093-0115

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-093-0115 - Termination or Revocation of a Permit

(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.

Or. Admin. Code § 340-093-0115

DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 7-2013, f. & cert. ef. 8-29-13

Stat. Auth.: ORS 459.045 & 459.785

Stats. Implemented: ORS 459.255 & 459.755