N.J. Admin. Code § 7:27-8.16

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:27-8.16 - Revocation

(a) The Department may revoke a permit or certificate if the permittee:

1. Uses, or allows to be used, equipment or control apparatus not in compliance with the permit or certificate, or with any applicable Federal, or State law, regulation, or rule;

2. Takes any action which requires a permit revision, compliance plan change, seven-day-notice change, amendment, or change to a batch plant permit under any applicable provision at 7:27-8.17 through 22, without complying with the applicable provision;

3. Fails to allow lawful entry by authorized representatives of the Department, pursuant 7:27-1.31;

4. Fails to pay any penalty assessed pursuant to a final order issued by the Department;

5. Fails to pay any outstanding service fees, charged in accordance with the schedules contained in 7:27-8.6, within 60 days of receipt of a fee invoice or, in the case of a renewal of a certificate, by the date of expiration of the certificate being renewed;

6. Fails to reimburse the Department within 60 days after receipt of an invoice for any of the following charges incurred by the Department:

i. The charges billed by any telephone company for the maintenance of a dedicated telephone line required by the conditions of approval of a preconstruction permit or certificate for the electronic transmission of data; or

ii. The charges billed by any laboratory for performing the analysis of audit samples collected pursuant to monitoring any testing required by the conditions of approval of a preconstruction permit or certificate; or

7. Fails to dispose lawfully of all aqueous and solid wastes generated as a result of the operation of the equipment or control apparatus.

(b) The Department may withdraw its approval of a preconstruction permit or permit revision, if the permittee:

1. Does not begin the activities authorized by the permit or permit revision within one year from the date of its approval; or

2. Discontinues the activities authorized by the permit or permit revision for a period of more than one year.

(c) The Department may revoke its approval of an application, if it determines that the approval authorizes a contravention of Federal or State laws, regulations, rules, or procedural requirements.

(d) A notice of revocation issued by the Department shall be in writing.

N.J. Admin. Code § 7:27-8.16

New Rule, R.1991 d.109, effective 3/4/1991 (operative March 31, 1991).
See: 22 New Jersey Register 292(a), 23 New Jersey Register 723(a).
Amended by R.1994 d.502, effective 10/3/1994 (operative October 31, 1994).
See: 25 New Jersey Register 3963(a), 25 New Jersey Register 4836(a), 26 New Jersey Register 793(a), 26 New Jersey Register 3943(b).
Recodified from N.J.A.C. 7:27-8.10 and amended by R.1998 d.231, effective 5/4/1998 (operative June 12, 1998).
See: 29 New Jersey Register 3521(a), 30 New Jersey Register 1563(b).
Rewrote the section.