Or. Admin. Code § 340-045-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-045-0060 - Termination or Revocation of an NPDES or WPCF Permit

(1) Automatic Termination. A permit is automatically terminated when:

(a) DEQ issues a new permit for the same activity or operation;

(b) The permittee requests in writing that the permit terminate, if DEQ determines that a permit is no longer needed; or

(c) The permittee fails to submit application for permit renewal as required in OAR 340-45-0030. Termination is effective on the permit expiration date.

(2) Revocation with prior notice.

(a) If DEQ determines that a permittee is in non-compliance with the terms of its permit, submitted false information in the application or other required documentation, or is in violation of any applicable law, the Director may revoke the permit.

(b) DEQ will provide notice of the intent to revoke the permit under OAR 340-011-0097. The notice will include the reasons why the permit will be revoked. DEQ will only act on a request for hearing if it receives a written request for a hearing stating the grounds for the request within 60 days from the date of service of the notice. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. The permit will continue in effect until the 60 days expires or a final order is issued.

(3) Revocation without prior notice.

(a) If DEQ finds that the permittee's activities cause a serious danger to the public health, safety or the environment, DEQ may immediately revoke or refuse to renew a permit without prior notice or opportunity for a hearing.

(b) If DEQ does not provide advance notice of the revocation, DEQ will notify the permittee as soon as possible as provided in OAR 340-011-0097. The notification will state the reasons for the revocation or refusal to renew.

(c) DEQ will only act on a request for hearing if it receives a written request for a hearing stating the grounds for the request within 90 days of the service of the notice. DEQ will conduct the hearing as a contested case hearing under ORS 183.413 through 183.470 and OAR chapter 340, division 011. If DEQ does not receive a request for a hearing within 90 days, the revocation or refusal to renew becomes final without further action by DEQ.

Or. Admin. Code § 340-045-0060

DEQ 53(Temp), f. & ef. 6-21-73 thru 10-18-73; DEQ 58, f. 9-21-73, ef. 10-25-73; DEQ 113, f. & ef. 5-10-76; DEQ 22-1981, f. & ef. 9-2-81; DEQ 15-2000, f. & cert. ef. 10-11-00; DEQ 15-2017, amend filed 10/31/2017, effective 11/1/2017

Statutory/Other Authority: ORS 468

Statutes/Other Implemented: ORS 468.065 & 468.070