17.56.1307 PERMIT CONDITIONING, MODIFICATION, SUSPENSION, REVOCATION
(1) The department may condition, modify,
suspend or revoke any permit previously issued under ARM 17.56.1305 or
17.56.1306 upon its determination that:
(a) the owner, operator or licensee failed to meet
the standards for issuance of a permit under ARM 17.56.1303, 17.56.1305 or
17.56.1306, as appropriate;
(b) the owner, operator or licensee committed
fraud or deceit in applying for a permit;
(c) the owner, operator or licensee violated any
statute or rule governing the installation or closure of an underground storage
tank system of the department;
(d) the owner, operator or licensee violated the
terms of any permit or order issued by the department relating to the
installation or closure of an underground storage tank system;
(e) the owner, operator or licensee lacks the
education, training or experience necessary to conduct any installation or
closure for which a permit was previously issued;
(f) a change in the facts or circumstances of
installation or closure necessitates a change in the permit; or that
(g) the condition, modification, suspension or
revocation is necessary to protect the installer's or the public's health,
welfare or safety, or the environment.
(2) Action by the department pursuant to (1) must
be accompanied by a written statement of the reason for the department action.
(3) Upon revocation of a permit and written demand
by the department, the owner, operator or licensee shall surrender his or her
permit to the department. The department shall retain the revoked permit or
issue a modified or conditional permit in accordance with this rule.
(4) The owner, operator or licensee shall comply
with the conditions or modifications imposed by the department.
(5) The conditioning, modification, suspension or
revocation of a permit is effective upon delivery to the owner, operator or
licensee at the address shown on the permit application whether or not the
permittee actually takes possession of the notice. When a permit is revoked in accordance with this rule, the owner
or operator may not install or close the tank system for which the permit was
originally issued without again applying for and receiving a new permit.
History: 75-11-204, MCA; IMP, 75-11-204, 75-11-209, 75-11-212, MCA; NEW, 1990 MAR p. 1827, Eff. 10/1/90; AMD, 1994 MAR p. 2744, Eff. 10/14/94; TRANS, from DHES, 1995 MAR p. 2259; AMD & TRANS, 2000 MAR p. 969, Eff. 4/14/00.