Section 0400-15-03-.06 - WITHDRAWING AN APPLICANT'S GRANT OF APPROVAL(1) The Commissioner may withdraw any favorable determination concerning any application for entry into the DCERP previously granted if the Commissioner determines that the applicant is in willful noncompliance with the provisions of the Act or this chapter. Willful noncompliance includes, but is not limited to:(a) An applicant's misrepresentation of facts in its registration application or its petition for entry into the DCERP;(b) The applicant's failure to timely adopt, install, or maintain any applicable BMP;(c) An applicant's misrepresentation of environmental conditions concerning the applicant's site; an applicant's unreasonable delay in submission of pertinent site data and information; an applicant's filing or reporting of false, misleading, or inaccurate information with the Commissioner; or any other such actions taken by the applicant which impedes the Commissioner's ability to properly evaluate the site or determine appropriate response actions for the site;(d) The Commissioner receives new information that demonstrates the applicant was not or is not now eligible for entry into the DCERP; or(e) The applicant's failure to timely pay its DCAC or complete approved work.(2) Order Withdrawing Grant of Approval The withdrawal of an applicant's grant of approval shall be accomplished by the issuance of an order pursuant to Rule 0400-15-03-.10. The order shall include a statement of the facts constituting the alleged violations. The order may also provide for the immediate suspension of reimbursement payments from the DCERF and for the return of any DCERF payments made to any person that was ineligible at the time of receipt of the funds from the DCERF. Known impacted third parties shall also be sent notice of the withdrawal of approval by the Commissioner. Notice to impacted third parties shall be sufficient if written notice is provided to any lessor of real property, known to the Commissioner, on which an active or abandoned drycleaning facility or in-state wholesale distribution facility is located, as well as any third party, known to the Commissioner, who owns or leases property that is known or suspected by the Commissioner to have been contaminated from the release in question by solvents.
(3) The Commissioner may, through an order issued pursuant to Rule 0400-15-03-.10, withdraw any favorable determination concerning any PEP who: (a) Contributes to or cooperates in a misrepresentation in another party's petition within its knowledge; or(b) Fails to timely inform the Commissioner of a misrepresentation in another party's petition within its knowledge or acquiesces in such failure.(4) Appeal of Order (a) Any person against whom an order is issued may appeal by filing a written petition pursuant to Rule 0400-15-03-.10. The petitioner shall provide a copy of the appeal to known impacted third parties at the time of its filing and provide reasonable notice of the date set for a hearing of the petition. A suspension of DCERF payments by the Commissioner shall remain in effect pending any appeal of an order.(b) Should the petitioner and the Commissioner agree to hear a contested case at a time other than the time communicated to impacted third parties, then the known impacted third parties shall be notified by the petitioner of the new hearing date as soon as practicable.(c) Following the hearing of a contested case, the Commissioner shall determine whether the petitioner should be eligible for reimbursement of some or all of its expenses from the DCERF. If the Commissioner determines that only part of the petitioner's expenses should be reimbursable, then the petitioner shall be liable for the release in question, save for those expenses identified as reimbursable by the Commissioner, and the petitioner shall not otherwise be eligible for DCERP benefits.(5) If a person becomes ineligible for DCERF reimbursement because of conduct occurring after the granting of the petition for entry into the DCERP, another applicant may only obtain reimbursement from the DCERF for the site only so long as all requirements for the site, including the payment of registration fees, surcharges, penalties, and interest are met.Tenn. Comp. R. & Regs. 0400-15-03-.06
Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective 5/28/2024.Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.