06-096 C.M.R. ch. 853, § 9 - Suspension or Revocation

A. The Department may seek suspension or revocation of a license or license certificate for any violation of applicable law or rule or of any term or condition of the license itself.

B. Suspension or revocation may be sought as to any or all locations, conveyances or operators covered by the license.

C. Where a license covers more than one operator, conveyance, or location and if two or more license suspensions of operator(s), conveyance(s), or location(s) covered thereunder occur in any combination (e.g., operator and conveyance, conveyance and location, operator and location, etc.) within a calendar year, the Department will seek revocation of the entire license.

D. The Department will seek revocation of any license which is suspended within l8 months of its prior suspension or revocation.

E. A licensee whose license has been revoked may not reapply for a license until the condition(s) or violation(s) which led to the revocation have been eliminated.

F. Prior revocation of a license issued pursuant to this Chapter or of any other license, permit, certification or other approval for the handling of a hazardous waste issued by this or any other state or by a federal agency shall constitute prima facie evidence that issuance of a license under this Chapter would cause or contribute to a violation of law or rule [Refer to Section 7(A) of this Chapter]. This evidence may be overcome by evidence of changed conditions or circumstances presented to the Department of Environmental Protection by the applicant, which evidence is sufficient, in the Department's judgment, to warrant a finding that, the previous revocation notwithstanding, the license should be granted.

Notes

06-096 C.M.R. ch. 853, § 9