Ariz. Admin. Code § R18-9-C631 - Modification; Revocation and Reissuance; or Termination of Permits
A. Permits may
only be modified or revoked and reissued pursuant to
R18-9-C632 or terminated pursuant
to R18-9-C634 either at the request
of any interested person, including the permittee, or upon the Director's
initiative. All requests shall be made in writing and shall contain facts or
reasons supporting the request.
B.
If the Director decides a request to modify, revoke and reissue, or terminate
is not justified, they shall send the requestor a brief written response giving
a reason for the decision. Denial of a request to terminate does not require a
notice of intent to deny. Denial of a request for modification or revocation
and reissuance requires a notice of intent to deny only when the request is
made by the permittee, the scope of the request has not previously been
requested and denied and the request is not for a minor modification. A notice
of intent to deny is a type of draft permit which shall follow the same
procedures as any draft permit prepared pursuant to
R18-9-C618.
C. If the Director preliminarily decides to
modify or revoke and reissue a permit under
R18-9-C632, they shall prepare a
draft permit under
R18-9-C618 incorporating the
proposed changes and notify the permittee in writing of the reason for the
preliminary decision to modify or revoke and reissue a permit with reference to
the statute or rule on which the decision is based. The Director may request
additional information and, in the case of a modified permit, may require the
submission of an updated application. The Director shall require the submission
of a new application in the case of revoked and reissued permits.
D. In a permit modification under this
Section, only those conditions to be modified shall be reopened when a new
draft permit is prepared. All other aspects of the existing permit shall remain
in effect for the duration of the unmodified permit. When a permit is revoked
and reissued under this Section, the entire permit is reopened just as if the
permit had expired and was being reissued. During any modification or
revocation and reissuance proceeding the permittee shall comply with all
conditions of the existing permit until a new final permit is issued.
E. Minor modifications pursuant to
R18-9-C633 are not subject to the
requirements of this Section.
F. If
the Director preliminarily decides to terminate under
R18-9-C634(A)(1), (2) or
(3), the Director shall issue a notice of
intent to terminate that identifies the reason for the preliminary decision to
terminate with reference to the statute or rule on which the decision is based.
A notice of intent to terminate is not required when a permittee requests
termination under
R18-9-C634(A)(4)
. A notice of intent to terminate is a type of draft permit which shall follow
the same procedures as any draft permit prepared pursuant to
R18-9-C618.
Notes
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