340-014-0160 Termination of Green Permits (1) A facility may terminate a Custom Waiver Permit or GEMS Permit by providing 30 days written notice to the agency. (2) An agency may terminate the facility’s GEMS Permit in accordance with the procedures in subsection (4) if: (a) The facility does not develop an annual performance report and make it available to the agency and the public in a timely fashion; (b) The facility no longer meets the criteria for approval for a GEMS Permit or the facility is not effectively implementing its environmental management system; (c) The facility is found guilty of a criminal violation of environmental law; (d) The facility fails to correct a violation discovered through routine environmental management system reviews or agency inspections within a reasonable time frame; or (e) The facility experiences repeat violations that reflect a serious underlying deficiency in the facility’s environmental management system. (3) An agency may terminate the facility’s Custom Waiver Permit in accordance with the procedures in subsection (4) if it fails to comply with any term or condition in the Custom Waiver Permit, or if the facility is found guilty of a criminal violation of environmental law. (4) In the event that an agency decides to terminate a Custom Waiver Permit or GEMS Permit, it shall notify the permittee by registered mail or by personal service of its intent to terminate the permit. Such notification shall include the reasons for the termination. Such notice shall allow the permittee a reasonable period of time within which to correct the alleged deficiencies and to submit a corrective action report to the agency confirming that the facility has been brought into compliance or will be brought into compliance within a reasonable time considering all the circumstances. Upon receipt of the corrective action report and upon completion of such additional investigation as may be required, the agency will either terminate the Custom Waiver Permit or GEMS Permit, modify the Custom Waiver Permit or GEMS Permit, or withdraw its intent to terminate. A termination shall become effective 30 days from the date of mailing of the final notice of termination unless within that time the permittee requests a hearing before the Environmental Quality Commission or its authorized representative. Any hearing held shall be conducted pursuant to OAR 340, division 11. (5) If the agency finds that there is a serious danger to the public health or safety and if grounds exist for termination as set forth above, it may, pursuant to applicable statutes and rules, suspend or revoke a Custom Waiver Permit or GEMS Permit effective immediately. Notice of such suspension or revocation must state the reasons for such action and advise the permittee that a hearing before the Environmental Quality Commission or its authorized representative may be requested. Such a request for hearing shall be made in writing to the Agency within 90 days of the date of suspension and shall state the grounds for the request. Any hearing shall be conducted pursuant to OAR 340, division 11. (6) After an agency or facility issues a final notice of termination of a Custom Waiver Permit or GEMS Permit in the manner provided above, the permittee shall have 30 days to apply for any permit or approval affected by the termination of all or a portion of the Custom Waiver Permit or GEMS Permit. An application filed during the 30-day period shall be considered a timely application for renewal of a permit under the terms of the applicable law. The application form may request reinstatement of the permit conditions that were in effect prior to the issuance of the Custom Waiver Permit or GEMS permit. The terms and conditions of the Custom Waiver Permit or GEMS Permit shall continue in effect until a final permit or approval is issued or denied. In order to achieve an orderly transition and compliance with the environmental laws, the agency may issue an order establishing conditions for the interim operation of the facility. (7) Custom Waiver Permits and GEMS Permits are issued to the official applicant of record and shall be automatically terminated within 60 days after sale or exchange of the facility or activity which is covered by the permit unless a permit transfer is pending or completed. The new owner or operator may apply for a transfer of the Custom Waiver Permit or GEMS Permit to transfer the official applicant of record. For any such transfer, the agency shall follow the procedures for modifying Custom Waiver Permits or GEMS Permits described in OAR 340-014-0155. The application for transfer shall be made at least 60 days prior to the sale or exchange of the facility or activity. The applicant shall demonstrate to the agency’s satisfaction that the applicant can continue to meet the requirements of the Custom Waiver Permit or GEMS Permit. Upon receipt of an application for transfer, the agency shall determine whether the proposed transfer is a minor modification or significant modification. Statutory/Other Authority: ORS 468.020 Statutes/Other Implemented: ORS 468.501, 468.503, 468.506, 468.508, 468.511, 468.513, 468.516, 468.518 & 468.521 History: DEQ 13-1999, f. & cert. ef. 9-14-99