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7007.1700 PERMIT REVOCATION BY AGENCY.

Subpart 1.

Permit revocation without reissuance.

The agency may revoke permits and not reissue them when:

A.

there exists at the permitted facility unresolved noncompliance with applicable requirements or a condition of the permit, and the permittee refuses to undertake an enforceable schedule of compliance to resolve the noncompliance;

B.

the permittee fails to disclose fully the facts relevant to issuance of the permit or submits false or misleading information to the agency or the administrator;

C.

the agency finds that the permitted facility or activity endangers human health or the environment and that the danger cannot be removed by an amendment to the permit;

D.

the permittee has failed to comply with any requirement under chapter 7002 to pay fees; or

E.

the permittee has failed to pay a penalty owed pursuant to court order, consent decree, stipulation agreement, schedule of compliance, or order issued under Minnesota Statutes, section 116.07.

Subp. 2.

Revocation procedures.

The agency shall give notice to the permittee of its intention to revoke a permit without reissuance. This notice must state that within 30 days of the receipt of the notice the permittee may request a contested case hearing be held on the proposed action, except that the agency may provide less notice in case of an emergency. If the permittee requests a contested case hearing, the agency shall hold the hearing in accordance with the rules of the Office of Administrative Hearings, parts 1400.5100 to 1400.8401.

Statutory Authority:

MS s 116.07

History:

18 SR 1059

Published Electronically:

November 29, 2007