(a) The department may require environmental monitoring services at any facility anytime during the construction, operation, closure, and post-closure of the facility to be paid for by the facility where:

1. (1) environmental monitoring services are required by law;
2. (2) the compliance history or past practices of the owner or operator over the past five years reveals an inability or unwillingness to comply with environmental laws and regulations or has included a conviction of an environmental crime or other criminal environmental violation, execution of an order on consent or consent decree, or the issuance of a commissioner’s decision or judgment finding one or more violations;
3. (3) the past or current practices at the facility have resulted in conditions which pose a significant threat to public health or the environment, or indicate that significant adverse environmental or health impacts are likely to occur; or
4. (4) the department determines the regulated facility, site or regulated activity needs additional oversight due to exceptional circumstances related to its size, throughput, materials handled or location (such as proximity to human use or habitation, to drinking water supplies, to critical or sole source aquifers, to endangered species, to other sensitive receptors or to environmental justice areas) or relating to the nature of its operations.

(b) If the owner or operator of a facility required to make environmental monitoring payments to the department fails to submit payment by the required submission date, the owner or operator will be notified of their payment delinquency and will be directed to cease acceptance of any and all waste at the facility and commence closure of the facility in accordance with the requirements of this Part and any permit or order to which the owner or operator is subject.

1. (1) The owner or operator has the right to object to the direction given pursuant to section 360.20(b) of this Part. Within 20 calendar days of receipt of the written directive from the department, the owner or operator may submit a written objection to the department citing reasons why the facility should not be required to cease accepting waste and commence facility closure, may request a hearing, or both. Submission of the written objection will stay the directive that the facility must cease accepting at the facility and commence closure.
2. (2) Within 30 calendar days of receipt of a written objection from an owner or operator, the department will respond in writing.