18 AAC 60.260. Permit modification and revocation

(a) Except for a general permit subject to modification or revocation under 18 AAC 60.255, the department will

(1) revoke a permit issued under this chapter if

(A) the permittee violates an applicable state law or a condition of the permit, including a violation that results in a threat to public health or the environment;

(B) there is a material change in the operation or in the type or quantity of waste for which the permit was issued; or

(C) the permit was procured by misrepresentation of material fact or by the applicant's failure to fully disclose a material fact; or

(2) modify a permit issued under this chapter if the permitted operation causes or contributes to a material change in the quality of water of the state.

(b) A notice under (a) of this section will be issued no less than 30 days before the modification or revocation is to become effective. The notice will

(1) include a clear, detailed statement describing reasons for the department's decision, including acts or omissions of the permittee that led to the department's decision to modify or revoke;

(2) clearly specify the statute, regulation, or permit condition the permittee is alleged to have violated, including the nature of the violation; and

(3) state that the permittee may request an immediate hearing before the commissioner or the commissioner's designee, if the request is submitted to the commissioner within 10 days after receipt of the notice; a request for hearing must include a written statement of reasons why the permittee believes the department's decision to be in error; failure to file a timely request for hearing constitutes a waiver of the permittee's right to a hearing.

(c) A hearing under this section will be held within 10 days after a request for hearing is received under (b) of this subsection, and the commissioner or the commissioner's designee will issue a written decision within 10 days after the hearing. A decision under this subsection is a final agency decision subject to judicial review. A hearing under this section will be recorded and will adhere to the evidence rules described in AS 44.62.460 .

(d) If the permittee and the department agree to delay the hearing for more than 30 days after the notice is issued under (a) of this section, the department's decision remains in effect unless the permittee requests and is granted a stay by the commissioner or commissioner's designee. A request for a stay must meet the requirements of 18 AAC 15.210.

History: Eff. 1/28/96, Register 137

Authority: AS 44.46.020

AS 46.35.090 (e)

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.