§ 130A-23. Suspension and revocation of permits and program participation. - North Carolina Statutes

§ 130A‑23.  Suspensionand revocation of permits and program participation.

(a)        The Secretary maysuspend or revoke a permit issued under this Chapter upon a finding that aviolation of the applicable provisions of this Chapter, the rules of theCommission or a condition imposed upon the permit has occurred. A permit mayalso be suspended or revoked upon a finding that its issuance was based uponincorrect or inadequate information that materially affected the decision toissue the permit.

(b)        The Secretary maysuspend or revoke a person's participation in a program administered under thisChapter upon a finding that a violation of the applicable provisions of thisChapter or the rules of the Commission has occurred. Program participation mayalso be suspended or revoked upon a finding that participation was based uponincorrect or inadequate information that materially affected the decision togrant program participation.

(c)        A person shall begiven notice that there has been a tentative decision to suspend or revoke thepermit or program participation and that an administrative hearing will be heldin accordance with Chapter 150B of the General Statutes, the AdministrativeProcedure Act, at which time the person may challenge the tentative decision.

(d)        A permit shall besuspended or revoked immediately if a violation of the Chapter, the rules or acondition imposed upon the permit presents an imminent hazard. An operationpermit issued pursuant to G.S. 130A‑281 shall be immediately suspendedfor failure of a public swimming pool to maintain minimum water quality orsafety standards or design and construction standards pertaining to theabatement of suction hazards which result in an unsafe condition. A permitissued pursuant to G.S. 130A‑248 shall be revoked immediately for failureof an establishment to maintain a minimum grade of C. The Secretary ofEnvironment and Natural Resources shall immediately give notice of thesuspension or revocation and the right of the permit holder or programparticipant to appeal the suspension or revocation under G.S. 150B‑23.

(e)        The Secretary ofEnvironment and Natural Resources shall have all of the applicable rightsenumerated in this section to enforce the provisions of Articles 8, 9, 10, 11,and 12 of this Chapter. (1983, c. 891, s. 2; 1987, c. 827, s. 1; c. 438, s. 3;1993, c. 211, s. 2; 1993 (Reg. Sess., 1994), c. 732, s. 2; 1995, c. 123, s. 15;1997‑443, s. 11A.65.)