Or. Admin. Code § 340-045-0060 - Termination or Revocation of an NPDES or WPCF Permit
(1) Automatic Termination. A permit is
automatically terminated when:
(a) DEQ issues
a new permit for the same activity or operation;
(b) The permittee requests in writing that
the permit terminate, if DEQ determines that a permit is no longer needed;
or
(c) The permittee fails to
submit application for permit renewal as required in OAR 340-45-0030.
Termination is effective on the permit expiration date.
(2) Revocation with prior notice.
(a) If DEQ determines that a permittee is in
non-compliance with the terms of its permit, submitted false information in the
application or other required documentation, or is in violation of any
applicable law, the Director may revoke the permit.
(b) DEQ will provide notice of the intent to
revoke the permit under OAR
340-011-0097. The notice will
include the reasons why the permit will be revoked. DEQ will only act on a
request for hearing if it receives a written request for a hearing stating the
grounds for the request within 60 days from the date of service of the notice.
DEQ will conduct the hearing as a contested case hearing under ORS
183.413 through
183.470 and OAR chapter 340,
division 011. The permit will continue in effect until the 60 days expires or a
final order is issued.
(3) Revocation without prior notice.
(a) If DEQ finds that the permittee's
activities cause a serious danger to the public health, safety or the
environment, DEQ may immediately revoke or refuse to renew a permit without
prior notice or opportunity for a hearing.
(b) If DEQ does not provide advance notice of
the revocation, DEQ will notify the permittee as soon as possible as provided
in OAR 340-011-0097. The notification
will state the reasons for the revocation or refusal to renew.
(c) DEQ will only act on a request for
hearing if it receives a written request for a hearing stating the grounds for
the request within 90 days of the service of the notice. DEQ will conduct the
hearing as a contested case hearing under ORS
183.413 through
183.470 and OAR chapter 340,
division 011. If DEQ does not receive a request for a hearing within 90 days,
the revocation or refusal to renew becomes final without further action by
DEQ.
Notes
Statutory/Other Authority: ORS 468
Statutes/Other Implemented: ORS 468.065 & 468.070
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