7 Del. Admin. Code § 1302-263-E-263.102

Current through Register Vol. 28, No. 7, January 1, 2025
Section 1302-263-E-263.102 - Permit denial/revocation/termination, modifications
(a) Permits may be amended or modified, upon application, for the following reasons;
(1) addition of a waste that will be transported by the permittee;
(2) addition or deletion in vehicle information, such as;
(3) changes in operation procedures;
(4) changes of address; or
(5) change of ownership.
(b) Permits may be modified, denied, terminated or revoked by the Secretary for the following reasons:
(1) Noncompliance by the permittee with any conditions of the permit, or requirements of these regulations; failure to pay annual permit fees;
(2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any facts at any time, or failure to comply with the requirements of the application;
(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification, revocation or termination;
(4) If a permit is modified, revoked or terminated, the applicant shall be given a written explanation for the action and an opportunity to a public hearing in accordance with 7 Del.C., Chapter 60.
(5) A permit may be terminated at the written requested of the permittee for such reasons as, but not limited to: the company is no longer conducting the permitted activity in Delaware, or is no longer in business.
(c) If an application for a permit is denied, the applicant shall be given a written explanation for the denial and an opportunity to a public hearing in accordance with 7 Del.C., Chapter 60.
(d) Change of ownership. Upon a change in ownership, the new owner shall successfully demonstrate compliance with the requirements of this subpart no more than ten (10) days after the change of ownership.

(Amended August 1, 1995; February 12, 2004; August 21, 2006)

7 Del. Admin. Code § 1302-263-E-263.102