17.24.406    IMPROVIDENTLY ISSUED PERMITS: GENERAL PROCEDURES

(1) If the department determines that it has reason to believe it improvidently issued an operating permit, it shall review the circumstances under which the permit was issued, using the criteria in (2) of this rule.   If the department finds that the permit was improvidently issued, it shall comply with (3) of this rule.

(2) The department shall find that an operating permit was improvidently issued whenever:

(a) under the violations review criteria of ARM 17.24.404 at the time the permit was issued:

(i) the department should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or

(ii) the permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order was subsequently issued;

(b) the violation, penalty or fee:

(i) remains unabated or delinquent; and

(ii) is not the subject of a good faith appeal, or of an abatement plan or a payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and

(c) if the permittee was linked to the violation, penalty or fee through ownership or control, under the violations review criteria of ARM 17.24.404 at the time the permit was issued and the ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty or fee.

(3) Whenever the department finds under (2) of this rule that because of an unabated violation or delinquent penalty or fee that a permit was improvidently issued, it shall impose 1 or more of the following remedial measures:

(a) implementation, with the cooperation of the permittee or other responsible person, and of the responsible agency, of a plan for abatement of the violation or a schedule for payment of the penalty or fee;

(b) imposition on the permit of a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee;

(c) suspension of the permit until the violation is abated or the penalty or fee is paid; or

(d) if action under (b) or (c) above is unsuccessful, revocation of the permit under ARM 17.24.407.

 

History: 82-4-205, MCA; IMP, 82-4-205, 82-4-222, 82-4-227, MCA; NEW, 1994 MAR p. 2957, Eff. 11/11/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2024 MAR p. 255, Eff. 2/10/24.