Or. Admin. Code § 340-216-0082 - Termination or Revocation of an ACDP
(1) Expiration.
(a) A source may not be operated after the
expiration date of a permit, unless any of the following occur prior to the
expiration date of the permit:
(A) A timely
and complete application for renewal has been submitted; or
(B) Another type of permit, ACDP or Oregon
Title V Operating Permit, has been issued authorizing operation of the
source.
(b) If a timely
and complete renewal application has been submitted, the existing permit will
remain in effect until final action has been taken on the renewal application
to issue or deny a permit.
(c) For
a source operating under an ACDP or Oregon Title V Operating Permit, a
requirement established in an earlier ACDP remains in effect notwithstanding
expiration of the ACDP, unless the provision expires by its terms or unless the
provision is modified or terminated according to the procedures used to
establish the requirement initially.
(2) Automatic Termination. A permit is
automatically terminated upon:
(a) Issuance
of a renewal or new ACDP for the same activity or operation;
(b) Written request of the permittee, if DEQ
determines that a permit is no longer required;
(c) Failure to submit a timely application
for permit renewal. Termination is effective on the permit expiration date;
or
(d) Failure to pay annual fees
within 90 days of invoice by DEQ, unless prior arrangements for payment have
been approved in writing by DEQ.
(3) Reinstatement of Terminated Permit: A
permit automatically terminated under any of subsections (2)(b) through (2)(d)
may only be reinstated by the permittee by applying for a new permit. The
permittee must also pay the applicable new source permit application fees in
this division, unless the owner or operator submits the renewal application
within three months of the permit expiration date.
(4) Revocation:
(a) If DEQ determines that a permittee is in
noncompliance with the terms of the permit, submitted false information in the
application or other required documentation, or is in violation of any
applicable rule or statute, DEQ may revoke the permit. DEQ will provide notice
of the intent to revoke the permit to the permittee under OAR
340-011-0525. The notice will
include the reasons why the permit will be revoked, and include an opportunity
for the permittee to request a contested case hearing prior to the revocation.
A permittee's written request for hearing must be received by DEQ within 60
days from service of the notice on the permittee, and must state the grounds of
the request. The hearing will be conducted as a contested case hearing under
ORS 183.413 through
183.470 and OAR 340 division
011. The permit will continue in effect until the 60th day after service of the
notice on the permittee, if the permittee does not timely request a hearing, or
until a final order is issued if the permittee timely requests a
hearing.
(b) If DEQ finds there is
a serious danger to the public health, safety or the environment caused by a
permittee's activities, DEQ may immediately revoke or refuse to renew the
permit without prior notice or opportunity for a hearing. If no advance notice
is provided, notification will be provided to the permittee as soon as possible
under OAR 340-011-0525. The notification
will set forth the specific reasons for the revocation or refusal to renew and
will provide an opportunity for the permittee to request a contested case
hearing for review of the revocation or refusal to renew. A permittee's written
request for hearing must be received by DEQ within 90 days of service of the
notice on the permittee and must state the grounds for the request. The hearing
will be conducted as a contested case hearing under ORS
183.413 through
183.470 and OAR 340 division
011. The revocation or refusal to renew becomes final without further action by
DEQ if a request for a hearing is not received within the 90 days. If a request
for a hearing is timely received, the revocation or refusal to renew will
remain in place until issuance of a final order.
NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Notes
Statutory/Other Authority: ORS 468.020, 468.065, 468A.025, 468A.040, 468A.310 & 468A.315
Statutes/Other Implemented: ORS 183.468 & 468A
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