Cal. Code Regs. Tit. 22, § 66271.4 - Request for Modification, Revocation and Reissuance, or Revocation of Permits
(a)
Permits may be modified, revoked and reissued, or revoked either at the request
of any interested person (including the permittee) or upon the Department 's
initiative. However, permits may only be modified, revoked and reissued, or
revoked for the reasons specified in section
66270.41 or
66270.43 or Health and Safety Code
section
25186.
All requests shall be in writing and shall contain facts or reasons supporting
the request.
(b) If the Department
decides the request is not justified, the Department shall send the requester a
brief written response giving a reason for the decision. Denials of requests
for modification, revocation and reissuance, or revocation are not subject to
public notice, comment, or hearings.
(c)
(1) If
the Department tentatively decides to modify or revoke and reissue a permit
under section
66270.41 or
66270.42(c), the
Department shall prepare a draft permit under section
66271.5 incorporating the proposed
changes. The Department may request additional information and, in the case of
a modified permit , may require the submission of an updated application. In the
case of revoked and reissued permits, the Department shall require the
submission of a new application.
(2) 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 revocation and reissuance
proceeding the permittee shall comply with all conditions of the existing
permit until a new final permit is reissued.
(3) "Class 1 and 2 modifications" as defined
in sections
66270.42(a) and
(b) are not subject to the requirements of
this section.
(d) All
draft permits prepared under this section shall be based on the administrative
record as defined in section
66271.8.
(e) If the Department decides to revoke a
permit , it shall initiate adjudicatory proceedings under the Administrative
Procedure Act (Gov. Code §
11500 et
seq.) by serving an Accusation on the holder of the permit .
Notes
2. Amendment of section heading, subsections (a)-(c)(1) and (c)(3), repealer of subsection (d), subsection relettering, new subsection (e) and amendment of NOTE filed 7-19-95; operative 8-18-95 (Register 95, No. 29).
Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25286.1 and 25200, Health and Safety Code; 40 CFR Section 124.5.
2. Amendment of section heading, subsections (a)-(c)(1) and (c)(3), repealer of subsection (d), subsection relettering, new subsection (e) and amendment of Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).
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