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RULE §333.40Revocation of Certificate

(a) The certificate shall remain valid until revoked.

(b) The executive director may revoke the innocent owner/operator certificate if:

  (1) the certificate holder:

    (A) acquired the innocent owner/operator certificate by fraud, misrepresentation, or knowing failure to disclose material information;

    (B) does not properly maintain institutional and/or engineering controls where the placement of such controls were required for certificate issuance; or

    (C) does not pay all the agency costs described in §333.34(b)(2) of this title (relating to Eligibility for Innocent Owner/Operator Certificate) within 180 days of certificate issuance; or

  (2) new information demonstrates that the certificate holder is not an innocent owner or operator.

(c) Prior to revocation of a certificate by the executive director, the executive director will provide the certificate holder with a notice in writing of the facts alleged to warrant revocation. The certificate holder shall have 30 days after receipt of notice to demonstrate to the executive director that they are in compliance with all requirements of law for the retention of the certificate. The executive director will make a determination whether to revoke the certificate and will provide such determination in writing to the certificate holder. A decision of the executive director to revoke a certificate is final and appealable under Chapter 361, Subchapter K, of the Texas Health and Safety Code.

(d) The commission may revoke a certificate if the certificate holder unreasonably denies access as required by §333.41 of this title (relating to Access). The decision to revoke a certificate shall be made following a finding by the commission that reasonable access has been denied. Such finding shall be based on facts and/or evidence presented to the commission through an enforcement action.

Source Note: The provisions of this §333.40 adopted to be effective August 30, 1998, 23 TexReg 8684.

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