Appendix 4524. Suspension and revocation of permits to operate.

A permit to operate issued pursuant to Section 25284 of the Health and Safety Code shall be effective for one year from the date of issuance; provided, however, that a permit to operate is subject to suspension or revocation as provided in this Section.

(a)

Grounds. Any of the following occurrences constitutes a ground for suspension or revocation of a permit to operate:

(1)

An unauthorized release from or in connection with the operation of the tank for which the permit was issued.

(2)

Failure of either the owner or the operator of the tank for which the permit was issued to comply with any of the conditions thereof.

(3)

Failure to pay before the expiration of thirty (30) calendar days following the due date any fee imposed pursuant to this Article respecting the permit or the tank for which it was issued.

(4)

Abandonment or closure of the tank for which the permit was issued.

(5)

Obtaining the permit by misrepresentation or intentional failure to fully disclose all relevant facts.

(6)

A change in any condition that requires modification or termination of the operation of the underground storage tank or the underground tank system.

(7)

Failure of either the owner or operator to comply with Article 3 (commencing with Section 25299.30) of Chapter 6.75 of Division 20 of the Health and Safety Code at all times commencing with the date three months after the date on which the owner or operator first became subject to said Article 3.

(b)

Notice of Deficiencies. To initiate proceedings to suspend or revoke a permit to operate, the CUPA shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for suspension or revocation, shall specify a date, time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence, and shall state that failure to appear and present such evidence may result in suspension or revocation of the permit.

(c)

Suspension or Revocation by Hearing Officer. A permit with respect to which notice has been given pursuant to subdivision (b) is subject to suspension or revocation by the hearing officer following a hearing conducted in accordance with Article 1.6 (commencing with Section 4550) of this Chapter. Following the hearing, if the hearing officer determines that the suspected failure identified in the notice has occurred, the hearing officer shall suspend or revoke the permit as the facts may warrant; provided, however, that the hearing officer shall have the discretion not to suspend or revoke the permit if the hearing officer determines that the failure was not willful, is not ongoing, and is not likely to recur.

(d)

Suspension by Unified Program Manager. The unified program manager may suspend a permit prior to a hearing when the manager determines that such action is necessary to protect the public health and safety, the environment, domestic livestock or wildlife from imminent danger. The CUPA shall notify the person to whom the permit was issued of such suspension. The suspension shall remain in effect until the hearing officer makes a final determination based upon the hearing; provided, however, that the unified program manager may lift the suspension at any earlier time at which the manager determines that it is no longer necessary.

(e)

Other Remedies. This Section shall not deprive the CUPA or the County from pursuing any other remedy otherwise available to them under the law.