A. Reopening for Cause.
1. Each issued permit shall include provisions specifying the conditions under which the permit shall be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances:
a. Additional applicable requirements under the Act become applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not later than eighteen months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to Section 17.12.140(B). Any permit reopening required pursuant to this paragraph shall comply with provisions in Section 17.12.140 for permit renewal and shall reset the five-year permit term.
b. Additional requirements, including excess emissions requirements, become applicable to an affected source under the acid rain program. Upon approval by the administrator, excess emissions offset plans shall be deemed to be incorporated into the Class I permit.
c. The control officer or the administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.
d. The control officer or the administrator determines that the permit needs to be revised or revoked to assure compliance with the applicable requirements.
2. Proceedings to reopen and issue a permit, including appeal of any final action relating to a permit reopening, shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.
3. Reopenings under subdivision (A)(1) of this section shall not be initiated before a notice of such intent is provided to the source by the control officer at least thirty days in advance of the date that the permit is to be reopened, except that the control officer may provide a shorter time period in the case of an emergency.
4. When a permit is reopened and revised pursuant to this section, the control officer may make appropriate revisions to the permit shield established pursuant to Section 17.11.080.
B. Within ten days of receipt of notice from the administrator that cause exists to reopen a Class I permit, the control officer shall notify the source. The source shall have thirty days to respond to the control officer. Within ninety days of receipt of notice from the administrator that cause exists to reopen a permit, or within any extension to the ninety days granted by EPA, the control officer shall forward to the administrator and the source a proposed determination of termination, revision, revocation or reissuance of the permit. Within ninety days of receipt of an EPA objection to the control officer's proposal, the control officer shall resolve the objection and act on the permit.
C. The control officer may issue a notice of termination of a permit issued pursuant to this title if:
1. The control officer has reasonable cause to believe that the permit was obtained by fraud or misrepresentation;
2. The person applying for the permit failed to disclose a material fact required by the permit application form or the regulation applicable to the permit, of which the applicant had or should have had knowledge at the time the application was submitted;
3. The terms and conditions of the permit have been or are being violated.
If the control officer issues a notice of termination under this section, the notice shall be served on the permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation and a statement that the permittee is entitled to a hearing. A notice of termination issued by the control officer shall become effective immediately upon the expiration of the time during which a request for a hearing may be made pursuant to A.R.S. § 49-511 unless the person or persons named in such notice shall have made a timely request for a hearing before the hearing board.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.270.