1. (a) If a permit has been suspended, it is reinstated without further action on the date specified in the suspension or upon completion of specified acts. A suspended permit shall be due for review five years after its original issuance or last review or revision, including the period of suspension.
2. (b) If a permit has been revoked, it may be reinstated by application, no less than one year after the effective date of the revocation and no less than one year after any similar application. Such an application shall be made in the manner specified in § 21570 and shall be handled in the same manner as an application for a new permit; however, nothing in this section is intended to prevent the EA, hearing panel or hearing officer, or CIWMB from considering the revocation and grounds therefor in reviewing the application. A permit reinstated after revocation shall be due for review five years after its reinstatement.

3. (c) No less than one year after the effective date of the revocation and no less than one year after any similar petition, a person whose permit has been revoked may petition the EA for reduction of the penalty. If the petition is denied, the person is entitled to a hearing before the hearing panel or hearing officer.

   [Comment: Suspension of a permit is a punitive or remedial action not intended to deprive the permit holder indefinitely of the right to operate. Revocation of a permit, a more severe action, closes the facility for at least one year, at the end of which the holder of the revoked permit may apply for reinstatement in the same manner as one applies for a permit for a new facility.]

Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43103, 44500-44503 and 44817, Public Resources Code.

History

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).

2. Change without regulatory effect amending subsections (b) and (c) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).

3. Amendment of article heading filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).