Section R18-9-A307. Revocation of Coverage Under a General Permit

A.      After notice and opportunity for a hearing, the Director may revoke coverage under a general permit and require the per- mittee to obtain an individual permit for any of the following:

1.        The permittee fails to comply with the terms of the gen- eral permit as described in this Article, or

2.        The discharge activity conducted under the terms of the general permit causes or contributes to the violation of an

Aquifer Water Quality Standard at the applicable point of compliance.

B.       The Director may revoke coverage under a general permit for any or all facilities within a specific geographic area, if, due to geologic or hydrologic conditions, the cumulative discharge of the facilities has violated or will violate an Aquifer Water Quality Standard established under A.R.S. §§ 49-221 and 49-223. Unless the public health or safety is jeopardized, the Director may allow continuation of a discharge until the Department:

1.        Issues a single individual permit,

2.        Authorizes a discharge under another general permit, or

3.        Consolidates the discharges authorized under the general permits by following R18-9-107.

C.      If an individual permit is issued to replace general permit cov- erage, the coverage under the general permit allowing the dis- charge is automatically revoked upon issuance of the individual permit and notification under subsection (E) is not required.

D.      If the Director revokes coverage under a general permit, the facility shall not discharge unless allowed under subsection

(B) or under an individual permit.

E.       If coverage under the general permit is revoked under subsec- tions (A) or (B), the Director shall notify the permittee by cer- tified mail of the decision. The notification shall include:

1.        A brief statement of the reason for the decision;

2.        The effective revocation date of the general permit cover- age;

3.        A statement of whether the discharge shall cease or whether the discharge may continue under the terms of revocation in subsection (B);

4.        Whether the Director requires a person to obtain an indi- vidual permit, and if so:

a.         An individual permit application form, and

b.        Identification of a deadline between 90 and 180 days after receipt of the notification for filing the applica- tion;

5.        The applicant’s right to appeal the revocation, the number of days the applicant has to file an appeal, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

6.        The applicant’s right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41- 1092.06.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).