§ 67450.9. Termination, Suspension and Denial of Authorization or Reauthorization, and Operating Restrictions for Units and Facilities Operating Under Permit by Rule.

(a) Notwithstanding the provisions of Chapter 21 of this division, the Department may revoke or suspend authorization or reauthorization for any TTU, FTU or facility operating or proposing to operate under a permit by rule as provided in this section. The Department may also deny authorization or reauthorization for any TTU operating or proposing to operate under a permit by rule as provided in this section. The Department shall base a decision on any one of the factors set forth in section 66270.43(a) or (b) or on Health and Safety Code section 25186 or on a finding that operation of the unit(s) or facility in question will endanger human health, domestic livestock, wildlife, or the environment.

(1) Notice of revocation or suspension shall be provided to the applicant or permittee by certified mail with return receipt requested or by personal service;

(2) An owner or operator whose authorization or reauthorization to operate a unit or facility under a permit by rule is revoked or suspended and who wishes to appeal the revocation or suspension shall appeal by submitting a letter to the Department, within ten (10) days of receipt of notice of denial, requesting a hearing.

(3) Proceedings to appeal the Department's decision concerning revocation or suspension of authorization to operate under a permit by rule shall be conducted in accordance with chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code.

(b) Notwithstanding the provisions of Chapter 21 of this division, the CUPA or authorized agency including the Department, may deny authorization or reauthorization for any unit or facility operating or proposing to operate under a permit by rule as provided in this section. The CUPA or authorized agency shall base a decision on any one of the factors set forth in section 66270.43(a) or (b) or on Health and Safety Code section 25186 or on a finding that operation of the unit(s) or facility in question will endanger human health, domestic livestock, wildlife, or the environment.

(1) Notice of denial shall be provided to the applicant or permittee by certified mail with return receipt requested or by personal service;

(2) An owner or operator who is denied authorization or reauthorization to operate a unit or facility under a permit by rule and who wishes to appeal the denial shall appeal by submitting a letter to the CUPA or authorized agency, within ten (10) days of receipt of notice of denial, requesting a hearing.

(3) Proceedings to appeal a CUPA or authorized agency's decision concerning denial of authorization reauthorization to operate under a permit by rule shall be conducted in accordance with chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code.

(c) No treatment process which establishes an unpermitted waste pile, land treatment facility, surface impoundment, injection well, landfill or storage facility is eligible to operate under a permit by rule.

(d) Any authorization to operate granted pursuant to section 67450.2(a), section 67450.2(b), section 66270.60(d)(5) or section 66270.60(d)(6) or reauthorization granted pursuant to section 67450.3(b) or section 67450.3(d) is contingent upon the accuracy of information contained in the notifications required by sections 67450.2(a) and (b), sections 67450.3(a) and (c), section 66270.60(d)(5)(A), and section 66270.60(d)(6)(A). Any misrepresentation or any failure to fully disclose all relevant facts shall render the authorization or reauthorization to operate null and void.

HISTORY

1. New section filed 10-23-91; operative 1-1-92 (Register 92, No. 12).

2. Amendment of section heading and subsections (a)-(a)(2), newly designated subsection (a)(3) and amendment of Note filed 7-19-95; operative 8-18-95 (Register 95, No. 29).

3. Amendment of subsection (c) and Note filed 11-7-96; operative 11-7-96 (Register 96, No. 45).

4. Amendment of section heading and subsections (a)-(a)(3), new subsections (b)-(b)(3) and subsection relettering filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section heading and subsections (a)-(a)(3), new subsections (b)-(b)(3) and subsection relettering refiled 5-7-99 as an emergency; operative 5-7-99 (Register 99, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency language will be repealed by operation of law on the following day.

6. Amendment of section heading and subsections (a)-(a)(3), new subsections (b)-(b)(3) and subsection relettering refiled 9-3-99 as an emergency; operative 9-3-99 (Register 99, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2000 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section heading and subsections (a)-(a)(3), new subsections (b)-(b)(3) and subsection relettering refiled 12-29-99 as an emergency; operative 1-3-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 12-29-99 order transmitted to OAL 2-29-2000 and filed 4-11-2000 (Register 2000, No. 15).

Note

Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25186, 25186.1, 25186.2 25200, 25218.2 and 25218.3, Health and Safety Code; and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.