Or. Admin. Code § 340-106-0005 - Modification, Revocation and Reissuance, or Termination of Permits

(1) The provisions of 40 CFR 124.5(b) are deleted and replaced with subsections (1)(a), (b), and (c) of this rule:

(a) If the permitting body decides the request is not justified, it shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment or hearings;

(b) Denials by the Department may be appealed to the Commission by a letter briefly setting forth the relevant facts. The Commission may direct the Department to begin modification, revocation and reissuance, or termination proceedings under 40 CFR 124.5(c) . The appeal shall be considered denied if the Commission takes no action on the letter within 60 days after receiving it. This appeal is a prerequisite to seeking judicial review of Department action in denying a request for modi-fication, revocation and reissuance, or termination;

(c) Denials by the Commission are subject to judicial review under ORS 183.480.

(2) The provisions of 40 CFR 124.5(e) ,(f), and(g)are deleted.

Notes

Or. Admin. Code § 340-106-0005

DEQ 8-1985, f. & ef. 7-25-85

Stat. Auth.: ORS 183, ORS 459 & ORS 468

Stats. Implemented: ORS 466.140