Section 609.70  Suspension, Revocation or Voluntary Termination of Permits

a)         The Agency may revoke or suspend any Permit issued under this Part, for any reason, including but not limited to any of the following conditions:

1)         The individual to whom the Permit was issued is determined by the Agency to no longer be alive or to have been adjudged legally incompetent.

2)         The person to whom the Permit was issued, if other than an individual, is determined by the Agency to no longer be legally in existence.

3)         Any person eligible for a Permit pursuant to Section 609.40(b)(1) is no longer registered by the Agency under Section 4 of the Low-Level Radioactive Waste Management Act.

4)         Any person eligible for a Permit pursuant to Section 609.40(b)(2) is no longer licensed by the Agency under Section 8 of the Low-Level Radioactive Waste Management Act.

5)         The person is no longer eligible for a permit under Section 609.40(b)(3), (4) or (5).

6)         Falsification of any information in an application for a Permit.

7)         Failure to notify the Agency of any change in the information previously provided to the Agency in an application for a Permit.

8)         If the Commission has revoked the permission granted to such person under any compact region or unaffiliated state agreements to treat, store or dispose of waste at a facility in the Region.

9)         For any violation of the Radioactive Waste Compact Enforcement Act or for violation of any condition imposed by any approval or interstate agreement of the Commission.

b)         The Agency shall notify the Commission of any suspension, emergency suspension or revocation of a Permit.  In addition, all alleged violations that could affect the retention, classification or validity of a Permit shall be reported to the Commission by the Agency.  The notification shall be in writing, on a quarterly basis, including all reported and alleged violations, as well as the particular instances in which the Agency concluded that official action under this Part was either not merited or not necessary.

c)         Any pending action by the Agency to suspend or revoke a Permit shall be initiated by written notice to the Permit holder or applicant, specifying the reasons for that action and the right to a hearing on the determination of the Agency, pursuant to the terms of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10]. No suspension or revocation shall take effect prior to the issuance of a final order from the administrative hearing proceeding, except as outlined in subsection (d).

d)         The Agency may also issue a preliminary Summary Suspension Order against any person holding a particular Permit who is also subject to a pending administrative hearing that could result in the revocation or suspension of the same Permit, provided that:

1)         The Agency finds that the public interest, safety or welfare requires immediate action; and

2)         Specific, factual reasons for the emergency action are also included in the Agency's written "Notice of Hearing", advising the Permit holder of the pending administrative proceeding.

            AGENCY NOTE:  Any subsequent hearing proceedings shall be promptly instituted and determined.

e)         A party to whom a Permit has been issued may voluntarily terminate the Permit by mailing to the Agency written notice that the particular authorization is being voluntarily terminated.  The termination shall be effective upon receipt by the Agency of the notice.  The notice shall set forth the name and address of the person to whom the Permit was issued.

f)         No person shall voluntarily terminate a Permit if the person to whom the Permit has been issued has offered a shipment of waste for transportation into, within or out of the State of Illinois and that shipment of waste has not either been returned to the shipper or been accepted at a facility properly authorized to dispose of that shipment of waste.

(Source:  Amended at 38 Ill. Reg. 12088, effective May 29, 2014)