1. (a) The department may modify, suspend, or revoke a permit issued under 18 AAC 90.525 or a general permit issued under 18 AAC 90.545 if

   1. (1) the department finds that a violation of this chapter or of the permit has occurred;
   2. (2) an activity that occurs under the permit has an unanticipated effect on human health, safety, or welfare, animals, or the environment; or
   3. (3) the permittee requests changes to the permit.

2. (b) For a permit modification requested under (a)(3) of this section, the department will require a new public notice under 18 AAC 90.520 if

   1. (1) the proposed modification includes additional pesticide products or over a 20 percent increase in the total volume of concentrated pesticide product of existing permitted pesticides used;
   2. (2) the proposed modification involves over a 20 percent increase in the area to be treated;
   3. (3) the proposed modification includes changes that could impact human health, safety, or welfare, animals, or the environment that were not addressed in the original permit; or
   4. (4) the department, in its discretion, determines that additional notice would be in the best interest of the public.

3. (c) The department will provide written notice to the permittee of the department's action under (a) of this section within 10 working days after the department decides to modify, suspend, or revoke a permit. A person who disagrees with the department's decision may

   1. (1) request an informal review of the decision under 18 AAC 90.900; and
   2. (2) request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

(Eff. 2/15/98, Register 145; am 7/11/2002, Register 163; am 9/30/2007, Register 183; am 7/5/2019, Register 231)

Authority: AS 46.03.010, AS 46.03.320, AS 46.03.730, AS 46.03.020, AS 46.03.330