Minnesota Administrative Rules

7854.1300 SITE PERMIT AMENDMENT OR REVOCATION.

Subpart 1.

New boundary.

Once construction of an LWECS is completed, the permittee shall advise the commission of the completion of the project and the commission shall amend the site permit to specifically define the area authorized for the LWECS. The boundary must be no larger than necessary to allow for efficient operation of the LWECS. If any person objects to the amendment of the permit to reflect the actual boundaries of the project, the commission shall bring the matter for decision in accordance with applicable procedural requirements.

Subp. 2.

Permit amendment.

The commission may amend a site permit for an LWECS at any time if the commission has good cause to do so.

Subp. 3.

Permit revocation.

The commission may revoke a site permit for an LWECS at any time if the commission determines that any of the following has occurred:

A.

the applicant knowingly made a false statement in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted a change in the commission's findings;

B.

the applicant has failed to comply with a material condition or term of the permit;

C.

the permitted LWECS endangers human health or the environment and the danger cannot be resolved by modification of the permit or LWECS; or

D.

the permittee has violated other laws that reflect an inability of the permittee to comply with the permit.

Subp. 4.

Procedure.

The commission may initiate action to consider amendment or revocation of a site permit for an LWECS on its own initiative or upon the request of any person. No site permit may be amended or revoked without first providing notice and affording due process to the permit holder.

Statutory Authority:

MS s 116C.695; 216F.05

History:

26 SR 1394; L 2005 c 97 art 3 s 19

Published Electronically:

September 18, 2009