Sec. 46.03.120. Termination or modification of waste management and disposal authorization.

325 words·~1 min read·/ak/title-46/chapter-3/46-03-120

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The department may terminate a permit or other authorization issued under AS 46.03.100 or may rescind a person's authority to dispose of waste in accordance with regulations adopted under AS 46.03.100 (b)(3) upon 30 days' written notice if the department finds

(1)that the permit or other authorization was procured by misrepresentation of material fact or by failure of the applicant to disclose fully the facts relating to its issuance;

(2)that there has been a violation of the conditions of the permit or other authorization;

(3)that there has been a material change in the quantity or type of waste disposed of; or

(4)for a permit issued under a federally approved program under 33 U.S.C. 1342 (sec. 402, Clean Water Act), that

(A)a change in any condition of the receiving environment or the quality of discharge requires either a temporary or permanent reduction of the authorization or elimination of the authorized discharge; or

(B)the permittee had made a material misrepresentation of fact to the department relevant to the authorized activity at any time.

(b)The department may modify a permit or other authorization issued under AS 46.03.100 , or may rescind a person's authority to dispose of waste in accordance with regulations adopted under AS 46.03.100 (b)(3),

(1)for any of the causes for termination listed in

(a)of this section;

(2)if the department finds that a material change in the quality or classification of the waters of the state has occurred; or

(3)in the case of a permit issued under a federally approved program under 33 U.S.C. 1342 (sec. 402, Clean Water Act), as provided in regulations adopted under AS 46.03.020 (12).

(c)Nothing in this section limits the authority of the department to terminate or modify a permit or plan approval under other circumstances if requested to do so by the permittee or plan holder.