Utah Admin. Code R649-9-10 - Permit and Renewal Approval, Denial, Revocation, Suspension, Modification or Transfer
(1) Permit and
renewal approval.
(a) Construction approvals
issued by the division are valid for one year from the approval date. An
extension may be granted by the division.
(2) Long term produced water recycling pond
facility permit and renewal.
(a) Operating
approvals issued by the division for long term produced water recycling pond
facilities shall remain in effect for 5 years from the approval date.
(b) After division review, long term produced
water recycling pond facility permits may be renewed for successive 5-year
terms.
(3) Temporary
produced water recycling tank facility permit and renewal.
(a) Operating approvals issued by the
division for temporary produced water recycling tank facilities shall remain in
effect for 12 months or less from the approval date.
(b) After division review, temporary produced
water recycling tank facility permits may be renewed for successive six month
terms, up to 24 additional months.
(4) Waste crude oil treatment facilities
permit and renewal.
(a) Operating approvals
issued by the division for waste crude oil treatment facilities shall remain in
effect for five years from the approval date.
(b) After division review, waste crude oil
treatment facility permits may be renewed for successive 5-year
terms.
(5) Other
potential E and P product recycling facilities permit and renewal.
(a) Operating approvals for other potential E
and P product recycling facilities will be issued for a length of time
determined appropriate by the division, based on the description of the
facility, but shall remain in effect no longer than 5-years.
(b) After division review, other potential E
and P product recycling facility permits may be renewed for up to successive
5-year terms.
(6) Before
renewal approval, the division shall review the operation, compliance history,
bonding and technical requirements for the E and P recycling facility.
(a) The division, after notice to the
operator, may require modifications of the E and P recycling facility permit,
including modifications necessary to the facility permit terms and conditions
consistent with statutes, rules of judicial decisions.
(7) An application may be denied if:
(a) A complete application is not
submitted;
(b) The application does
not meet the appropriate requirements of Sections
R649-9-3 through
R649-9-7;
(c) The proposed E and P recycling facility
or modification may be detrimental to fresh water, public health, safety or the
environment; or
(d) An applicant or
owner in the facility has a history of failure to comply with division rules
and orders, state or federal environmental laws, or is in current violation of
a division or board order requiring corrective action.
(8) Revocation, suspension, or modification
of a permit.
(a) The division may revoke,
suspend, or impose additional operating conditions or limitations on an E and P
recycling facility permit at any time, for good cause, after notice to the
operator.
(b) The division may
suspend an E and P recycling facility permit or impose additional conditions or
limitations in an emergency to forestall an imminent threat to freshwater,
public health, safety or the environment.
(c) Suspension of an E and P recycling
facility permit may be for a fixed period or until the operator remedies the
violation or potential violation.
(d) If the division suspends an E and P
recycling facility permit, the recycle facility may not accept E and P products
for recycling during the suspension period.
(e) Any modifications should be submitted to
the division.
(9)
Transfer of a permit.
(a) The operator may not
transfer a permit without the division's prior written approval.
(b) A request for transfer of a permit shall
identify officers, directors and owners of the transferee.
(c) Unless the director orders otherwise,
public notice or hearing are not required for the transfer request's
approval.
(d) If the division
denies the transfer request, it shall notify the operator and the proposed
transferee of the denial by certified mail, return receipt requested, and
either the operator or the transferee may request, within 10 days of receipt of
the notice, a public hearing before the board.
(e) Until the division approves the transfer
and the replacement bonding as determined under Section
R649-9-9, is in place, the
division may not release the transferor's financial assurance.
Notes
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No prior version found.