250 R.I. Code R. 250-RICR-150-05-1.19

Current through November 7, 2024

Section 250-RICR-150-05-1.19 - Modification, Expiration, Suspension or Revocation of Approval

A. The Director may modify, suspend, or revoke, in whole or in part, an approval for cause, including, but not limited to:

1. Information indicating that the project will likely result in probable harm to the environment or pose a threat to the health, safety and/or welfare of the public;

2. The existence of a factor or factors which, if properly and timely brought to the attention of the Director, would have justified the application of more or less stringent conditions than required by these regulations, but only if such factor(s) arose after the approval was issued;

3. Changes in effluent limitations in accordance with § 1.12 of this Part, or changes in the definition(s) of such limitations in the Clean Water Act or applicable Environmental Protection Agency regulations;

4. Where circumstances on which the approval was based have materially and substantially changed since the approval was issued, including, but not limited to, a change in category of waters from effluent limited to water quality limited, or amendment of these regulations;

5. The information or data submitted by the applicant or permittee either on the form(s) required or in any other material in support of the application is found to be false, misleading or erroneous; or

6. The project is not undertaken in strict compliance with the conditions or provisions of any approval issued by the Department.

B. A Notice of Revocation/Suspension of an approval will be in the form of a letter notifying the permittee or subsequent transferee of the revocation or suspension and the reasons why the approval is being revoked or suspended.

C. The party served with a Notice of Revocation/Suspension of an approval may request an adjudicatory hearing to contest the revocation as set forth in the provisions of § 1.23 of this Part. A Notice of Revocation/Suspension of an approval automatically becomes a final order of the Director enforceable in Superior Court upon failure to request said adjudicatory hearing.

D. Request for modification of approval shall be in accordance with §§ 1.16 and 1.17 of this Part.

250 R.I. Code R. 250-RICR-150-05-1.19

Amended effective 12/28/2023