020-20 Wyo. Code R. § 20-18

Current through April 27, 2019
Section 20-18 - Probation or Suspension of a Permit

(a) The Director may place a permit on probation for violation or the threat to violate the terms and conditions of the permit or these regulations. If the permittee fails to resolve the issues leading to probation within ninety (90) days, the Director may suspend or revoke the permit. The Director shall notify the permittee by registered or certified mail of the Department's intent to place the permit on probation. The notification shall include the effective date and the reasons for probation. A permit may be suspended or revoked without being placed on probation.

(b) The Director may suspend a permit for:

  • (i) A substantial noncompliance with the terms and conditions of the permit or these regulations.
  • (ii) Unapproved modifications in design, construction, or operation.
  • (iii) Failure to submit records and information required to show compliance with the permit.
  • (iv) Violation of any financial assurance requirements.
  • (v) Failure to request a transfer pursuant to Section 16 of these regulations within sixty (60) days of sale or exchange of an operational unit. Failure to apply for a permit transfer upon sale or exchange of an operational unit is a violation of these regulations that shall allow the Director to declare forfeiture of the financial assurance provided by the permittee of record.
  • (vi) Any other reason necessary to achieve compliance with applicable statutes, standards, or regulations.

(c) The Director shall notify the permittee of record by registered or certified mail of the Department's intent to suspend the permit. The notification shall include the effective date, the actions with completion dates necessary to lift the suspension, and the reasons for suspension.

(d) If the permittee chooses not to comply with the terms of the suspension, the permittee shall request a hearing before the Environmental Quality Council under the provisions of Section 19, Permit Termination. In the event of such a hearing, the Environmental Quality Council shall have the option of recommending permit revocation.

(e) Nothing in this section shall be construed to limit or contravene enforcement authority of the Department pursuant to the Environmental Quality Act.

020-20 Wyo. Code R. § 20-18

Amended, Eff. 6/29/2018.