§ 49-4-120 — Modification, suspension and revocation of permit; conditions; renewal of permit.

(A) The department may modify, suspend, or revoke a permit under the following conditions: (1) the permit holder withdraws water not authorized by his permit or fails to comply with the terms and conditions of his permit; (2) the permit holder obtains a permit by misrepresentation or fails to disclose a material fact in his application; (3) the permit holder ceases to withdraw water for a period of at least thirty-six consecutive months; or (4) a permanent change in natural conditions results in a permitted activity endangering human health or the environment. (B) Surface water permits are transferable with the prior written consent of the department. (C)(1) A permittee may apply for a renewal of his permit no sooner than six months before his permit expires. A permit shall remain valid during the department's consideration of a renewal application if the permittee files a renewal application prior to the expiration date of his permit. Renewal applications take priority over permit applications for new withdrawals. The renewed permit must be issued in accordance with the criterion applicable to the issuance of the initial permit and for a quantity at least equal to the expired permit unless the department demonstrates that the quantity above maximum withdrawals during the permit term are not necessary to meet the permittee's future needs. (2) An application to modify an existing permit for a significant increase in the quantity of the withdrawal must be evaluated using the criteria provided in Section 49-4-80. However, any significant increase in surface water withdrawals authorized pursuant to Section 49-4-40 or Section 49-4-45 shall be subject only to the requirements set forth in that section.

Legislative History

HISTORY: 2010 Act No. 247, SECTION 1, eff January 1, 2011. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."