15A NCAC 05H .1313      PERMIT SUSPENSION OR REVOCATION

(a)  The Department may suspend or revoke a permit if:

(1)           the permittee fails to meet the conditions specified in the permit;

(2)           the permittee falsified or otherwise withheld information required in the application; or

(3)           if the Department issued the permit in error because the submitted information was incorrect and the error was not identified during the Department's review but came to light after the permit was issued and the correct information affected the validity of the issued permit.

(b)  After any of the requirements in Paragraph (a) of this Rule are satisfied, the Department shall have the ability to suspend or revoke the permittee's permit in the following circumstances:

(1)           if the permittee does not comply with a notice of violation issued by the Department; or

(2)           an emergency situation creating a threat to public health, safety or the environment.

(c)  The Department shall send written notice of suspension or revocation of the permit, including specific justification for the revocation.  The permittee shall temporarily abandon the oil or gas well pursuant to Rule .1621 of this Subchapter until final disposition of the appeal.  If the revocation is upheld, the permittee shall permanently plug and abandon the oil or gas well pursuant to Rule .1618 of this Subchapter.

History Note:        Authority G.S. 113-391(a)(5)a; 113-391(a6); 113-395;

Eff. March 17, 2015.