Ariz. Admin. Code § 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
A209(B)(4)(a)(ii) for the closed facility, or
2. Is covered under another Aquifer
Protection Permit.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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.